
Class _lk_ 7 lib 
Book 19 04 



CopightN . 







COPYRIGHT DEPOSIT. 







GOV. T. B. FERGUSON. 



CIVIL GOVERNMENT IN OKLAHOMA 

A TEXT-BOOK FOR SCHOOLS 

A HAND-BOOK ON LOCAL GOVERNMENT 

FOR PRIVATE REFERENCE 



-BY- 



F. V. BROCK, M. A., 

Teacher of Civics and Commercial Law in the University Preparatory School, 
Tonkavva, Oklahoma. 



PUBLISHED BY THE AUTHOR 



TONKAWA ENTERPRISE PRINT, 

TONKAWA, OKLA. 

1904. 



*Kii!r ft V 



a 



^ 



THH " OF 

CONG" -\ 

OlNt C«»»> ftfaOfelvtf 

OCT. 27 1 904 

OO-^VftlGHT CNTfJY 

CLASS ft. XXc No 
COPY S. 







COPYRIGHT, 1904, 

BY 

F. V. BROCK. 



THIS BOOK IS 

DEDICATED TO MY MOTHER. 

F.' V. B. 



PREFACE. 



In attempting- to teach civics in Oklahoma during the past 
two years I have felt the need of a text on local government. 
No doubt many other teachers have felt the same need. The 
manifest demand for such a work accounts for the publication 
of this book. 

The rational course of instruction begins with the known 
and proceeds by easy steps to the unknown: dealing with ex- 
periences, incidents and scenes near at hand and gradually ex- 
tending the mental horizon ; becoming acquainted with home 
surroundings before straining after knowledge of distant coun- 
tries. This is not only the natural order of instruction, but it 
brings knowledge and mental power of the most practical value. 

Viewed from the standpoint of society, there is probably no 
subject of study of so great importance as that of the rights and 
duties of citizenship. The chief object of the vast public ex- 
penditures for the support of the schools is to educate the 
people for self-government. Good citizenship must be based 
upon an intelligent understanding of the principles of our poli- 
tical institutions, and a fair knowledge of local government. 
Such knowledge also tends to develop local patriotism, which is 




PREFACE. 6 

very essential. As local government most deeply concerns our 
welfare, consumes by far the larger portion of our taxes, and 
administers the vast majority of the laws under which we live, 
so we are forced to the conclusion that the study of local gov- 
ernment is of prime importance. 

Comparatively slight changes will be made in our local gov- 
ernment when statehood is attained. It is therefore unwise to 
defer the teaching of local government until that time, for a 
great injustice would thus be done to the students who will 
leave our schools during the next two years. 

Much of the material in this volume was collected for use 
in my civics classes. The Statutes of Oklahoma to date have 
been carefully examined; Governor Ferguson's reports to the 
Secretary of the Interior have been especially helpful ; the State 
Capital has furnished me much valuable information ; various 
pamphlets, especially the ones prepared by Professor F. S. Elder 
and Mr. G. A. Smith on the school land question, have been of 
assistance ; and private citizens and public officials have been 
consulted on many points. 

The Appendix is added, a part of it on account of its in- 
trinsic value, and a part of it simply to illustrate the fact that 
we are making history daily and that our government is being 
constantly expanded and perfected ; and to show the vital con- 
nection, which in truth exists but which is so often obscured, 
between school life and every day life. I realize that a part of 
the Appendix is of only temporary value, but it will serve its 
purpose if it impresses upon the mind of the student the im- 
portance of reading the papers thoughtfully, and looking for 
really valuable matter. 

Quotation marks through the body of the book almost in- 
variably indicate extracts from the Statutes of Oklahoma. 

Although great care has been exercised in compiling this 



PREFACE. 



work and in verifying every statement, yet errors will, of 
course, be found. Notice of errors or inaccuracies of any kind 
will be very thankfully received. 

THE AUTHOR. 



TERRITORIAL EMBLEM AND SEAL. 



By act of the legislature the mistletoe was made the floral em- 
blem of the Territory. 

The "Grand Seal" of the Territory of Oklahoma was adopted by 
the legislature in -1893. 

"The permanent official Grand Seal of the Territory of Oklahoma 
shall be as follows: Under the motto 'Labor Omnia Vincit' shall be 
Columbia, as the central figure, representing Justice and Statehood. 
On her right is the American pioneer farmer, on her left is the abo- 
riginal American Indian. These two representatives of the white and 
red races are shaking hands beneath the scales of justice, symbolizing 
equal justice between the white and red races in Oklahoma, and on the 
part of the Federal Government. Beneath the trio group is the cornuco- 
pia of plenty and the olive branch of peace, and behind is the sun of 
progress and civilization. Behind the Indian is a scene depicting the 
barbarous, nomadic life of the aborigines — tepees, emigrant train, 
grazing herds, etc., representing Oklahoma in her primeval wildness. 
Behind the white man is a scene depicting the arts of civilization — 
farmer plowing, rural home, railroad train, compress, mills, elevator, 
manufactories, churches, schools, capitol and city. The two scenes are 
symbolic of the advance of the star of empire westward. The peaceful 
conquests of the Anglo-Saxon and the decadence of the red race. Un- 
der all shall be the words, 'Grand Seal Territory of Oklahoma.' " 

"The said Grand Seal shall be engraved in a circle not to exceed 
three inches in diameter." 

"The said Grand Seal shall be placed with the titles of all Terri- 
torial reports published, and, so far as practicable, on all Territorial 
stationery, bonds and official documents." 

— Extracts from Oklahoma Statutes. 



TABLE OF CONTENTS. 



CHAPTER I. 
HISTORICAL INTRODUCTION. 

The Louisiana Purchase — The Indians — Captain Payne and his 
Boomers — The First Opening — Subsequent Openings — The Develop- 
ment of Oklahoma— Statehood Page 15. 

CHAPTER II. 
CONTRASTS BETWEEN STATE AND TERRITORIAL 
. GOVERNMENT. 

Contrasts in Executive Departments — Contrasts in the Legisla- 
tive Departments — Contrasts in the Judicial Departments — Contrasts 
in Representation in Congress — Contrasts in Suffrage — Compensa- 
tions Page 32. 

CHAPTER III. 
THE SCHOOL DISTRICT 

Reasons for Education — Support of the Schools — Organization of 
the District — Qualifications for voting at School Meetings — The An- 
nual School Meeting — District Officers and their Duties — District 
Board — Union Graded Schools — School Library Page i$. 

CHAPTER IV. 
THE TOWNSHIP. 

Organization— A Body Politic and Corporate — Officers — Election 
— Term— Qualifications— -Qath. and, Bond — Vacancies: How Filled— 
Justice of the Peace: Jurisdiction; Jury Trial; Additional Justices 
and Constables — Constables: Powers and Duties — Treasurer: Duties; 
Report; Open Records — Clerk: Duties; Records Open to Inspection — 



11 TABLE OF CONTENTS. 

Trustee-Assesso^Road Supervisor: Powers,, and Duties .,when Acting 
in these Various Capacities — District Road Overseer: Duties; He- 
port — Township Board of Trustees: Board Meeting; How the Board 
Organizes; Duties; Accounts, How presented and Paid — Pay of Town- 
ship Officials Page 44. 

CHAPTER V. 
SECOND CLASS CITIES, TOWNS AND VILLAGES. 
Introduction — A Body Politic — Annual Election: Officers — Va- 
cancies: How Filled — How Officers Qualify — Duties of Officers — Boarc 
of Trustees: Powers and Duties — Corporate Powers, Taxing Power, 
Police Power, Maintaining Public Safety, Sanitary Power, Guarding 
Public Morals, Promoting the General Welfare Page 54- 

CHAPTER VI. 
CITIES OF THE FIRST CLASS. 

Introduction — How Organized — Election — Qualification of Offi- 
cers — Vacancies: How Filled — Officers — Pay of City Officials — Duties 
of Clerk — Police Judge — Marshal — City Attorney — City Engineer — 
Street Commissioner — Other City Officials — Mayor — Council: Council 
Meetings — Passing Ordinances — General Powers and Duties of the 
Council: Specific Powers and Duties of the Council: Raising Revenue; 
Police Power; Public Safety; Sanitary Power; Guarding Public 
Morals; Improvement and Care of Streets; Promoting the General 
Welfare — Schools in Cities of the First Class: The Board; Selecting 
Teachers — School Library — Kindergartens Page 59. 

CHAPTER VII. 
THE COUNTY. 
Introduction — Organization — Body Politic and Corporate — Elec- 
tions: Officers — Qualifications — Vacancies: How Filled — County Treas- 
urer — Register of Deeds: Duties; The Plat Book; The Receiving 
Book — County Clerk — County Attorney — Sheriff — Coroner: Holding In- 
quest; Disposing of Dead Bodies — County Surveyor — County Weigher 
— County Superintendent: Special Qualification; Duties; Teachers' 
Certificates; Normal Institutes; County Uniformity of Text Books; 
Separate Schools; County High Schools; County School Fund; Legal 
Holidays — Probate Judge: Powers and Duties; Wills; Executors; No 
Wills; Administrators; Guardians; Jurisdiction; Juries for Probate 
Court — County Commissioners; Qualifications; Bond; Seal; Sessions; 
Chairman of Board; Passing on Accounts; Powers and Duties of Chair- 



TABLE OF CONTENTS. 12 

man; Settle with County Treasurer; Records of Board; Warrant Book; 
Specific Powers of Board; How Warrants are Issued; Court House, 
Jail, Offices, Etc.; Appeal from Commissioners' Decision; Officers to 
Account to Commissioners; Publish Proceedings; What Bonds Can 
Not be Issued; Salary— County Board of Health— County Commission 

of Insanity — Care of the Poor Page 74. 

CHAPTER VIII. 
THE EXECUTIVE DEPARTMENT OF THE TERRITORY. 
Introduction — Officers: How Elected — The Governor: His Appoint- 
ing Power; His Pardoning Power; Message; Signing Bills — Territorial 
Secretary; Duties; The Commissioner of Insurance — The Territorial 
Superintendent and Auditor: Duties as Superintendent; Interpret 
School Laws; Report; Duties as Auditor; Issues Warrants; Records; 
Report — Territorial Treasurer: Reports; His Books Subject to Ex- 
amination — Attorney General: Duties — Delegate to Congress. .Page 101 

CHAPTER IX. 
THE LEGISLATURE. 
The Two Houses — Qualifications of Members — Election — Sessions 
— Organization of the Council and House — Officers of the Council and 
House and their Duties — Quorum — Expulsion — Power to Compel Wit- 
nesses — Members Free from Arrest — Adjournment — Record — Making 
Laws: Committees; Passing Bills; The Governor's Part in Law-mak- 
ing; Restrictions upon the Legislature; Territorial Laws Subject to 

Repeal by Congress; Pay of our Legislators Page 108. 

CHAPTER X. 
THE JUDICIAL DEPARTMENT OF THE TERRITORY. 
Crimes: Felony; Misdemeanor: The Supreme Court Jurisdiction; 
Salary — The District Court: Jurisdiction — United States Attorney— 1 

United States Marshal Page 118. 

CHAPTER XI. 
ELECTIONS: NOMINATIONS. 
The Value of Political Parties — Nominations by Political Parties- 
Committees — The Primary — County Conventions — Primary Elections 
— District Conventions — Territorial Conventions — Nominations by 

Petition Page 125. 

CHAPTER XII. 
ELECTIONS: VOTING. 
Qualifications of Electors — Election Judges — Inspectors of Elec- 



13 TABLE OF CONTENTS. 

tion — Poll Clerks — Territorial Board of Election Commissioners — 
County Board of Election Commissioners — The Ballots — Election Room 
— Canvassing Ballots — The Canvassing Board of the County — Regis- 
tration in Cities of the First Class Page 1 32. 

CHAPTER XIII. 
MINOR TERRITORIAL OFFICERS AND THEIR DUTIES. 

Secretary of School Land Board— Oil Inspector — Bank Commis- 
sioner — Librarian — Adjutant General — Grain Inspector — Game War* 
den — Superintendent of Public Health — Geologist — Secretary of the 
Live Stock Sanitary Commission Page 13 9 

CHAPTER XIV. 
TERRITORIAL BOARDS AND THEIR DUTIES. 
Board of Education — Board of the Normal Schools — Boards of Re- 
gents; For the University; for the University Preparatory; for the 
Agricultural and Mechanical College; for the Colored Agricultural and 
Normal University — Board of Health — Live Stock Sanitary Commis- 
sion — Board of Pharmacy — Board of Dental Examiners — Board of Ag- 
riculture — Board of Equalization — Board of Canvassers — Board of 
Railroad Assessors — Board of School Land Commissioners — Board of 
Directors of the Territorial Library. Page 144 

CHAPTER XV. 
EDUCATIONAL, CHARITABLE AND PENAL INSTITUTIONS. 

The University — The University Preparatory — The Agricultural 
and Mechanical College — The Central Normal — The Northwestern 
Normal — The Southwestern Normal — The Colored Agricultural and 
Normal University — Indian Schools — The Historical Society — Terri- 
torial Library — The Insane — Criminals — Juvenile Offenders — The Deaf 
Mutes Page 149. 

CHAPTER, XVI. 
MISCELLANEOUS. 

Juries: Grand and Petit; Selection of Jurors; Impaneling the Jury; 
oiimmons; Pay of Jurors — Banks: S'tate and National; Liabilities of 
Stockholders, Etc. — The Militia — Notaries Public — Abstracters — 
Legal Interest Page 158. 

CHAPTER XVII. 
TAXATION. 

Introduction — Equalization of Assessments: By Township Boards; 



TABLF OF CONTENTS. 14 

By City and Town Boards; By County Boards; By the Territorial 
Board — Rates of Levy: Territorial Levy; County Levy; Township 
Levy; Levies in Towns and Cities— Taxes : When Due— Delinquent 
Taxes — Unpaid Taxes Become a Lien on the Real Estate — Sale of 
Property for Taxes: Personal, Real — Redemption of Property — Tax 
Deed Page 168. 

CHAPTER XVIII. 
LAND SURVEYS. 

Introduction — Principal Meridian — Base Line — Range Lines — 
Township Lines — Townships — Correction Lines — Locating Land . . 

Page 17 6. 

CHAPTER XIX. 
BURNING QUESTIONS IN OKLAHOMA. 
The School Land Question: Leading Points in Favor of Sale o: 
School Land; The Main Points in the Argument for a Permanent 
Leasing System. 

Statehood: Necessary Preparatory Work in the Indian Territory 
— The Dawes Commission; The Advantages of Single Statehood; The 
Pending Statehood Bill Page 1 82. 

CHAPTER XX. 
APPENDIX: TABLES. 
A. Cities of the First Class — B. Tax Levy for the City of Black- 
well — C. Population of Counties — D. Levy for Kay County — E. 
Weights and Measures— F. Territorial Officers — G. Supreme and 
District Judges— H. The President's Cabinet— I. National Officers 
and Salaries— J. Territorial Levy for 1904— K. Report of Live Stock 
Commissioners Page 1 99. 

Index Page 20 5 



CHAPTER I. 



HISTORICAL INTRODUCTION. 

The Louisiana Purchase. — The Mississippi Valley was 
under the lily standard of France from the time Marquette and 
Joliet floated down the Mississippi in birch bark canoes in 1673 
until the close of the French and Indian War, 1763, when the 
valley was added to the already vast possessions of Spain in the 
New World. During these ninety years of French ownership 
the Americans made no settlement west of the Alleghanies, but- 
soon after the Spanish occupation both Tennessee (1772) and 
Kentucky (1775) were settled, and then a few years later 
(1788) the Northwest Territory received its first permanent set- 
tlers. Before the day of railroads and when wagon roads were 
few and short and bad, early settlers of the "West," as this 
region was then called, depended upon the rivers in transport- 
ing their products to the world markets. Wheat, tobacco and 
timber were valueless unless shipped by these routes. Some of 
the products went directly southward, being floated down the 



HISTORICAL INTRODUCTION. 16 

streams to the ports of Pensacola and Mobile, but the natural 
outlet for most of their products was by the longer routes of the 
Tennessee, the Cumberland, the Ohio, and the Mississippi rivers 
to New Orleans. At New Orleans it was necessary to transfer 
the cargo from the flat boats to ocean vessels, or to deposit it 
there until ships arrived. The Americans were required to pay 
a tax for this ' ' right of deposit. ' ' But Spain not only controlled 
the lower Mississippi and the lower courses of all other rivers 
entering into the Gulf of Mexico, but she also held the ports of 
Pensacola, Mobile, and New Orleans, and subjected American 
commerce to annoying and expensive restrictions. 

These western settlers appealed to the President and Con- 
gress for relief. The easterners either lacked proper interest 
in the welfare of the frontiersmen west of the Alleghanies, or 
else felt their inability to render them assistance. The situa- 
tion became grave. Secret agents of Spain were poisoning the 
minds of the Tennesseeans and Kentuckians. James Wilkinson, 
the major general commanding the "Legion of the West," the 
United States army in the Mississippi Valley, was secretly in 
the pay of the King of Spain. For a time these harassed set- 
tlers wavered in their loyalty to the Union. 

To make matters worse, France bought the Spanish pos- 
sessions in the Mississippi Valley, and not only withdrew the 
"right of deposit" at New Orleans, but absolutely closed the 
Mississippi river against American shipping. The situation be- 
came intolerable. 

At this point it is interesting to note the motive that 
prompted the transfer of Louisiana in 1800. 

According to Henry Adams, during the negotiations with 
Spain for Louisiana, Talleyrand, the French minister, is re- 
ported to have said that the Americans were ambitious, proud, 
greedy, and controlled by the mercantile spirit- He further 



• • ,. \".;*\Xisi ■'. ' ■ ■' ■■■■■■ ■'"■■ I'- 
ll CIVIL GOVERNMENT IN OKLAHOMA. 

said, "There' are' no Other means of putting an end to the am- 
bitions of the Americans than that of shutting them up within 
the limits which Nature seems to have traced for them; but 
Spain is not in a condition to do this great work alone. She can 
not, therefore, hasten too quickly to engage the aid of a pre- 
ponderating power, yielding to it some part of her immense do- 
mains in order to preserve the rest. (The Floridas and Louisi- 
ana were referred to). Let the Court of Madrid cede these dis- 
tricts to France, and from that moment the power of America 
is bounded by the limit which it may suit the interests and tran- 
quility of France and Spain to assign her. The French republic, 
mistress of these two provinces, will be a wall of brass forever 
impenetrable to the combined efforts of England and America." 
It was well known that it had been the dream of the French 
nation for two centuries to establish a great inland empire in 
the valley of the Mississippi. 

Napoleon's scheme was to bring about the realization of 
that dream by building in America a great colonial empire, of 
which Louisiana was to be a principal part. In order to do 
this he must conquer St. Domingo and use it as a base of mili- 
tary operations in America, take possession of Louisiana, gain 
the Floridas, and control the Mississippi and all trade on the 
Gulf of Mexico. With these objects in view he had an army 
operating in St. Domingo under his brother-in-law, Leclerc, 
and he was negotiating with the King of Spain for the territory 
on the main land. 

But St. Domingo proved to be not only the cradle of Span- 
ish power in t\e New World," but also the grave of Napoleon's 
dream of trans- Atlantic dominion. 

Two armies were destroyed in St. Domingo and his brother- 
in-law fell a victim to the yellow fever, Nov. 1st, 1802. Napo- 
leon could not spare more men and money for the St. Domingo 



HISTORICAL INTRODUCTION. 18 

campaign without weakening his power for carrying out his 
European schemes. France was weak on the sea, England was 
there supreme, and America was fast becoming the second mari- 
time power. 

Napoleon's ambitious plars led him to declare war on Eng- 
land. Jay's treaty between England and the United States 
aroused the anger of the First Consul, because it precluded the 
possibility of her joining France in the effort to humiliate Eng- 
land. Napoleon struck a blow at our commerce by closing the 
Mississippi. All the region west of the Aileghanies, and espe- 
cially Tennessee and Kentucky, were thus cut off from market. 

The French disasters in the West Indies, our success in 
gaining reprisal on French commerce, the pending war between 
France and England, the weakness of the former to cope with 
the latter on the seas, and the consequent danger of France 
losing all of her colonial possessions, made conditions most fa- 
vorable for Jefferson to demand prompt settlement of existing 
difficulties with France. Our thief grievance was the closure of 
the Mississippi against the shipment of American products. 

The proposal to purchase New Orleans and the small strip 
of country to the Gulf, was met by an offer to sell the whole 
province of Louisiana. France's necessity was our opportunity. 
$15,000,000 was a cheap price for peace, to say nothing about 
the vast empire of undeveloped natural resources thus acquired. 
At that time this vast region west of the Mississippi was sup- 
posed to be practically worthless, and Jefferson said in his first 
inaugural that the territory east cf the Mississippi would be 
sufficient for the American people to the 100th and even the 
ltOuth generation. The agreement for the purchase of Louisi- 
ana was closed April 30, 1803. This was probably the greatest 
real estate bargain ever made. The land cost about three and 
one-half cents per acre. What is now Oklahoma was a part of 



19 CIVIL GOVERNMENT IN OKLAHOMA. 

that purchase. 

The Indians. — From the earliest times as the colonists grad- 
ually extended their settlements westward and encroached 
upon the hunting grounds of the Indians, there were occasional 
outbursts of warfare, and in many cases long continued periods 
of hostility. It was seen that the two races could not dwell side 
by side in harmony, for civilization and savagery can not thrive 
under the same conditions. President Monroe thought he saw 
a solution for the troublesome race problem of that day. He 
recommended to Congress in 1825 that all the Indian tribes be 
removed to the country west of the Mississippi, far beyond the 
region then occupied by the whites. Some of the southern 
tribes, especially the Creeks and Cherokees of Georgia, had 
given up their wandering habits and had begun the cultivation 
of the soil. They objected to the move, but finally with much 
coaxing, and promises of a large sum of money, and assurance 
that they would never be disturbed in the possession of their 
new hunting ground, — which was described in glowing terms as 
a land of beauty, possessing a delightful climate, and abound- 
ing in all kinds of game, — they were induced to migrate to 
Indian Territory during the administrations of John Quincy 
Adams and Andrew Jackson. The idea was to build up here a 
great Indian state. From various parts of the United States 
many tribes have been persuaded or forced to change their 
abode to this country. It is estimated there are 85,000 Indians 
in Indian Territory and the census shows 11,938 Indians in Ok- 
lahoma. Yet many small tribes still occupy reservations here 
and there all over the United States. The Indians were guar- 
anteed perpetual and undisturbed possession of this new south 
country, but it must be confessed that the whites have not kept 
good faith with the red men. The excellent grazing lands and 
abundance of wild game in the central part of the territory of- 



HISTORICAL INTRODUCTION. 20 

fered temptations that the cattlemen and hunters could not 
withstand. 

Indian Territory had long been surrounded by organized 
states, thickly populated with whites. The restless spirits from 
these adjoining states habitually crossed the borders into the 
Territory, grazing their stock, cutting and hauling out hay, 
fuel, and timber, and hunting and fishing. Missouri on the 
northeast corner came into the Union in 1821, that is, sixty- 
eight years before the first authorized settlement in Oklahoma ; 
Arkansas, making the rest of the eastern boundary, became a 
state in 1836 ; Texas, on the south and west, existed as an inde- 
pendent nation from 1835 to 1845, when it joined the sisterhood 
of states; and Kansas completed the girdle of states in 1861. 
The whites for many years had not only looked across the bor- 
ders with covetous eyes upon the fair possessions of the Red 
Men, but had long been in the habit of invading their hunting- 
grounds in pursuit of game. It was no uncommon thing for 
hunting parties to spend weeks and even months in the Terri- 
tory. Some went on these expeditions for pleasure, but many 
took up the occupation of hunting in this paradise as a delight- 
ful and profitable business, hauling the game across the borders 
into the states by the wagon load and selling it, in spite of 
Uncle Sam's "blue coats." Many adventure-loving spirits 
found the wild, free life so fascinating that they took up their 
permanent abode along the streams, particularly the Arkansas, 
living on the products of rod and gun. Arkansas City was a 
great rendezvous for these adventuresome spirits. 

A large tract of excellent pasture land in the center of the 
Territory was not occupied by the Indians. It came about in 
this w r ay. The Cherokees before leaving their old home in 
Georgia had become civilized to a considerable extent and had 
acquired many Negro slaves. When they moved to the Indian 



21 CIVIL GOVERNMENT IN OKLAHOMA. 

Territory they brought their slaves, as well as their other chat- 
tels, with them. When slavery was abolished in the United 
States by a presidential proclamation, these slaves were, of 
course, given their freedom. To provide a home for these freed- 
men of the Cherokee nation the United States purchased about 
1,400,000 acres of land, including principally what are now the 
counties of Logan, Oklahoma, Canadian and Kingfisher. But 
the free Negroes did not take possession of this land. The cat- 
tlemen saw their opportunity and seized it. Early in the seven- 
ties this tract of land began to be called Oklahoma, which in the 
/ Indian language means "Beautiful Land." 

Texas claimed and occupied the whole of Greer county, 
and it took a tedious suit in the Supreme Court of the United 
States to dispossess her. Several railroads crossed the Terri- 
tory, which made it easier for the white men to get a foothold. 
The Santa Fe carried the homeseekers into old Oklahoma at the 
first opening. This line had been completed as far as Purcell 
in 1887, two years before the first ' ' great rush. ' ' 

Captain Payne and His Boomers. — The "cattle barons" 
were growing wealthy by grazing their immense herds on the 
luxuriant pasturage in the Cherokee Strip under the shadow of 
legal right, but the cattle men in the central part of the Terri- 
tory were trespassers. The Comanche Pool Co. of Caldwell, 
Kansas, controlled a large part of the Cherokee Strip. Their 
influence with congress enabled them to procure leases at the 
rate of about one-half cent per acre, and they sub-leased the' 
pasture for one and one-half cents per acre. In many cases, 
however, the cattle men paid absolutely nothing for the pasture. 
The occupation of this land under these circumstances was a 
class privilege that savored of rank injustice to those who need- 
ed and wanted a chance to cultivate the soil for their daily 
bread. A few were thus living in ease and luxury, while many 




CAFT. DAVID L. PAYNE. 



23 CIVIL GOVERNMENT IN OKLAHOMA. 

thousands were suffering want and were deprived of homes. 
Congress was appealed to in the interest of the homeseekers. 
The influence of the cattlemen could not be overcome. At this 
juncture Captain Payne introduced a new style of tactics. Let 
us notice what manner of man he was and how well qualified 
for his novel program. 

Captain David L. Payne, a distant kinsman of Davy 
Crockett, for whom he was named, a soldier of the Civil War, a 
legislator for several terms in Kansas, a man of considerable 
prowess as a hunter and numbering among his friends such fa- 
mous frontiersmen as Kit Carson, Wild Bill, Buffalo Bill, Cali- 
fornia Joe, and General Custer, and himself known as "tlie Cim- 
arron Scout, ' ' a man of large mould, generous impulses, fond of 
adventure, and a born organizer and leader, — Captain Payne is 
very appropriately called the ''Father of Olkahoma." 

Captain Payne was pretty well versed in law, and after 
careful investigation he came to the conclusion that the Indians 
had no title to the land now embraced in Logan, Oklahoma, 
Kingfisher and Canadian counties, — something like 1,400,000 
acres. So he formed a colony of 500 men with the intention 
of entering the Territory at Arkansas City late in 1880. But 
government officials were apprised of the plans of the "boom- 
ers, ' ' as Captain Payne and his followers were called, and sent 
a body of soldiers to prevent incursion into the Territory. The 
soldiers followed the boomers westward to Hunnewell, Kan., 
then to Caldwell, Kan., as they attempted by a flank movement 
to make a dash southward. There seemed to be no hostile feel- 
ing between the two bodies of men, the soldiers and boomers, 
but the soldiers were acting under orders and must perform 
their duty of preventing the raid. Finally the leader was ar- 
rested and taken before the United States court at Fort Smith, 
Ark., but after his hearing March 7th, 1881, he was released on 



HISTORICAL INTRODUCTION. 24 

a thousand dollar bond. 

Numerous expeditions into the coveted land of central Ok- 
lahoma were led by this doughty captain, but the soldiers never 
allowed the boomers to rest long in the peaceful possession of 
the "promised land." Payne was repeatedly taken before the 
courts, but no crime could be proved against him, and he was 
never deprived of his liberty long at a time. Payne dropped 
dead in Wellington, Kan., Nov. 28, 1884, just as he was about 
to start for the sixth time with a colony into the Territory. 
The "Father of Oklahoma" was thus permitted to view "the 
promised land, ' ' but not to go in and possess it. 

Captain W. L. Couch, one of Payne's officers, became the 
leader of the Oklahoma boomers upon the death of Payne. 
Captain Couch organized several expeditions. He conducted 
one party of 450 men to the border of the cattle country, the 
edge of the famous "B. and M. ranch," about twelve miles 
northeast of the present site of Guthrie. It is reported that the 
firm of Butler and Martin had 30,000 cattle at times on range 
in this country. The boomers remained here some sixty days, 
building cabins, hunting and putting out crops. 

But the soldiers were ever after Couch, as they had been 
after Payne. The supplies of the boomers were seized, their 
cabins and wagons burned, Couch and his officers were arrested 
and bound over to court, and the colony, becoming discouraged, 
returned to Kansas. The feeling between the soldiers and 
boomers was quite cordial, generally, but the relation between 
the adventurers and cowboys could not be so described. The 
boomers lost all hope of dispossessing the "cattle kings" by 
legal methods and felt justified in cutting fences and burning 
off the pasture and supplies of winter forage, so that the cattle- 
men would find it to their advantage to drive their herds out 
to other ranges. The cowboys spent many a tedious Might lying 



25 CIVIL GOVERNMENT IN OKLAHOMA. 

on their rifles guarding their possessions, and they occasionally 
exchanged shots with the boomers, yet there was very little loss 
of life from these encounters. 

But the cause was gaining. Newspapers agitated the mat- 
ter, and men of influence besieged the President and Congress 
with petitions, letters, and arguments until Congress made 
provision for the country to be opened to settlement by the 
whites. 

The First Opening. — By an act of Congress passed March 
3rd, 1889, the sum of $1,912,942.02 was paid to the Creek and 
Seminole nations for whatever claim they might have to the 
tract of about 3,000,000 acres of land, embracing practically the 
counties of Oklahoma, Logan, Cleveland, Canadian, King5siier, 
and Payne. By proclamation of President Harrison this land 
was to be subject to settlement April 22nd, 1889. This was 
the first land in Indian Territory thrown open to homestead. 
The long agitation for the white occupation lead by Captains 
Payne and Couch, followed by the President's proclamation, 
the fame of this "beautiful land" for agricultural, grazing 
and business opportunities, served to draw from every part of 
the West 100,000 home-seekers, five times as many- as could 
possibly obtain land. This immense army was lined up along 
the borders awaiting the signal to cross. McMaster says, "Pre- 
cisely at noon on April 22nd, a bugle sounded, a wild yell an- 
swered, a cloud of dust filled the air, and an army of men on 
foot, on horseback, in wagons, rushed into the promised land. 
That morning ..Guthrie was a piece of prairie land. That night 
is was a city of 10,000 souls. Before the end of the year 60,000 
people were in Oklahoma, building towns and cities of no mean 
character." . , .. . 

Congress did not provide a government for over a year, 
that is, until June, 1890 ; but there was no lawlessness. The 



<s% 




rn 


o 


H 


13 


H 


f| 


nr ^ 


^ 


fT] : C 


«■* 


> 


* 


.S. 


n 


n 


o> 


H 





o 



X 

o 




nrno^^ ,w 



27 CIVIL GOVERNMENT IN OKLAHOMA. 

boomers organized their own government and administered 
public affairs with as perfect justice, and there was as complete 
security of life and property as in most of the old communities 
living under all the forms of the law. 

Subsequent Openings. — Up to the present there have been 
six openings in Oklahoma, each, in a large measure, repeating 
the scenes and incidents of the first opening. When the terri- 
torial government was organized in June, 1890, by the same act 
of Congress, the "Public Land Strip," also known as "No 
Man's Land," embracing 3,681,000 acres, became a part of Ok- 
lahoma under the name of Beaver county. 
Subsequent openings were as follows : 

Second Opening. — September, 1890, Sauk (-Sac), Fox, Iowa 
and Pottawatomie Reservations, 1,282,431 acres. 

Third Opening.— Spring, 1891, Cheyenne and Arapaho Res- 
ervations, 4,297,771 acres. 

Fourth Opening.— Sept. 16, 1893, The Cherokee Strip, in- 
cluding the counties of Kay, Grant, Woods, Woodward, Gar- 
field, Noble and Pawnee, 6,014,239 acres. 

Fifth Opening. — 1895, Kickapoo Reservation, 206,662 acres. 
1896, Greer county, by a decision of the Supreme Court of 
the United States, was declared a part of Oklahoma Territory. 

Sixth Opening. — Aug. 6, 1901, Kiowa, Comanche, and 
Apache, and Wichita Reservations, about 4,000,000 acres. 

The present settled area of Oklahoma is about 24,000,000 
acres, and there are yet included in Indian Reservations about 
1,725,646 acres. 



Governors of Oklahoma. — 1. The first governor of Oklaho- 
ma was George W. Steele, of Indiana, appointed by President 
Harrison and taking his oath of office M-ay 15, 1889. Governor 
Steele resigned his office Feb. 1, 1892, and returned to Indiana. 



HISTORICAL INTRODUCTION. 28 

2. Our second governor was A. J. Seay, one of the judges 
of the Oklahoma Supreme Court. He entered upon the duties 
of his office February 1, 1902, and continued in office until 
President Cleveland removed him May 10, 1893, to make room 
for a democrat. 

3. The successor of Judge Seay and the third governor of 
Oklahoma was William C. Renfro, who discharged the func- 
tions of this office from May 10, 1893, until May 26, 1897. 

4. A change in the politics of the national administration 
brought about a change in the governorship of Oklahoma. 
President McKinley appointed C. M. Barnes governor of Okla- 
homa to take office May 27, 1897. His term expired May 
13, 1901. 

5. William C. Jenkins, the fifth governor of Oklahoma, had 
served as Territorial Secretary under Governor Barnes. His 
term extended from May 13, 1901, to December 1, 1901. 

6. The present governor, Thompson B. Ferguson, received 
his appointment December 0, 1901. , 

The Development of Oklahoma. — No romance of state 
building can equal that of Oklahoma. The full story of her 
discovery, Indian occupation, hunting expeditions within her 
borders, the contests between boomers and cattlemen, the set- 
tlement, and then the rapid development — after so long a delay, 
the opening of the full-blown flower of civilization, as a century 
plant in a single day, — reads like a fairy tale, yet it is the 
veriest reality. It is not the purpose of this chapter to give 
a history of Oklahoma, but only the merest outline of that won- 
derful story. Figures have been inadequate, our English vo- 
cabulary of adjectives has been exhausted many times, famous 
newspaper correspondents have exhibited their skill, orators 
have climbed the heights of Olympus, poets have soared on the 
wings of Pegasus, in their vain efforts to depict the beauty 



29 CIVIL GOVERNMENT IN OKLAHOMA. 

of her rolling prairies, verdant valleys, sylvan shades, the 
charms of her climate, the richness, cf her. soil, the. wealth of her 
mineral deposits, the abundance and variety of her products 
of orchard and garden and field, and the intelligence, progress, 
and hospitality of her people, but still the fujl truth about this 
"land of the fair god" is not known to the outside world today. 

We must content ourselves in this place with, giving a few 
figures taken chiefly from Governor Ferguson's report of 1903. 

Oklahoma has a popuation of 650,000, representing every 
state and territory: in the Union and many foreign countries. 

There are 191,459 children in school (190-1) ; the seven in- 
stitutions of higher learning are attended by 3,000, students; 
the total income from school land for this year amounts .to 
$366,643.29. 

Twenty-eight, dailies, 243 weeklies, 17 monthlies, 4 semi- 
monthlies, and 2 quarterly publications in Oklahoma supplied 
our citizens ... with current reading matter during the year 
of 1903. ".".',' .-■: 

One hundred thousand people participate in public wor- 
ship here. . 

There were 20Q licensed dentists, oyer 400 registered phar- 
macists, and 1,200 practicing physicians. 

There were 232 state banks and 79 national banks in 1903, 
aggregating deposits of over $17,000,000, 

The actual value of taxable, property is over $500,000,000. 
It must be remembered that the homestead land is not taxable 
until it is proved up. v: ..„-„.., 7 •.■■■■ •, 

Though most of Oklahoma is. well supplied with railroad 
facilities, new lines are being extended xapidly, Oklahoma sur- 
passing all states in the. Union in railroad building for the past 
few years, over 240 miles of track having been laid in the year 
ending June 30, 1903. Oklahoma now (1904) has over 3,200 



HISTORICAL INTRODUCTION. 20 

miles of railroad. 

Governor Ferguson said in his report of 1903, "There are 
60 flouring mills whose combined capacity is over 10.000 barrels 
per day: 280 grain elevators having a combined capacity of 
3.525.000 bushels. This year's wheat crop was 36.0C 
bushels, and the corn is estimated about the same as last year — 
65.000,000 bushels. 

"Oklahoma's commerce amounted to over 27.000 car loads 
of various commodities shipped into, and over 35.600 car loads 
shipped out of the Territory. 

"There has been a phenomenal growth of all cities an 
towns, as indicated by statistics given. 

"There are undeveloped resources in the immense gypsum 
deposits, which are estimated to be over 125.000,000.000 tons: 
also in mountains of red granite and limestone beds. 

"There are over 3,000,000 acres of vacant land subject to 
homestead." 

Statehood. — Governor Ferguson in his report "for 1903 thus 
briefly but strongly sets forth our claims to statehood: "Okla- 
homa is entitled to statehood — entitled to it now. There are 
in the Territory 650,000 intelligent American citizens who are 
deprived of the right of self-government. A conservative esti- 
mate of the wealth of Oklahoma places it at $100,000,000. 
There are seven educational institutions of higher learning 
under the control of the Territory, besides numerous high 
schools and colleges under the control of religious denomina- 
tions. Our people are in every respect entitled to that which 
is dear to the heart of every progressive American — the right 
to govern themselves. 

"Against this proposition there can be no logical objective.. 
Oklahoma has the intellect, the wealth, the moral force, the en- 
ergy, the natural resources, the development already achieved. 



31 CIVIL GOVERNMENT IN OKLAHOMA. 

and the promise of a splendid future sufficient to justly entitle 
her to careful consideration and Congressional action. No 
logical reason can be urged against her early admission into the 
sisterhood of states. ' ' 



CHAPTER II. 



CONTRASTS BETWEEN STATE AND TERRITORIAL 
GOVERNMENT. 

GENERAL STATEMENT.— The fundamental law of the 
whole United States is the Federal Constitution. Based upon 
this fundamental law, each state has a constitution of its own 
as the foundation of its state government. The territories have 
no constitutions. But the Organic Act is a sort of constitution 
for Oklahoma. It gives an outline of the Territorial govern- 
ment. The same as the states, Oklahoma has the three depart- 
ments of government, executive, legislative, and judicial in each 
of the corresponding civil divisions, Territory, county, township 
and city. Self-government in these local areas, — county, town- 
ship, and city, — is as complete as in any state in the Union . 

CONTRASTS BETWEEN STATE AND TERRITORIAL 
GOVERNMENTS.— Contrasts in the Executive Department.— 
In a state the people elect all their important officers, while a 
part of our Territorial officers are appointed for four years by 
the President of the United States, by and with the consent of 
the Senate, and are removable by the President. The officers 
thus appointed are the Governor, Secretary, United States At- 
torney, United States Marshal, and the Judges of the Supreme 
and District Courts. The Governor by and with the consent of 
the Council— the upper house of the Territorial legislature— 



33 CIVIL GOVERNMENT IN OKLAHOMA. 

appoints the Superintendent of Public Instruction, who is ex- 
officio Auditor, the Treasurer, the Attorney-General, and many 
inferior officers. 

Contrasts in the Legislative Departments. — Athough the 
Territorial Legislature is elected the same as in the states, yet 
there is a strong contrast in the number of members. The upper 
house of the Territorial Legislature, the Council, has but thirteen 
members, and the House of Representatives but twenty-six 
members ; while the members in a state legislature are generally 
about four times as numerous. The larger number of legislators 
insures better laws and less temptation to bribery. Territorial 
legislative acts are subject to revision or repeal by congress, 
which is not the case with state laws. 

Contrasts in the Judicial Departments. — The members of 
the higher state courts are elected, while in the Territory all 
members of the judicial department above the probate court are 
appointed by the President for a term of four years. The Su- 
preme and District Courts in the Territory have jurisdiction in 
cases that in the states are divided between the higher state 
courts and the lower Federal courts. 

Contrasts in Representation in Congress. — Each state has 
two United States senators and a number of representatives 
proportionate to its population. Our Territory is allowed but 
one representative, called a delegate, who can sit in the lower 
house and speak on all questions pertaining to the Territory, 
but can not vote on any question. Our delegate is elected by 
the qualified voters of the Territory for a term of two years. 
Oklahoma has thus but one representative in Congress where 
she would have about ten were she a state at the present time. 

Contrasts in Suffrage. — Though the citizens of the Terri- 
tory have all the civil rights, privileges and immunities enjoyed 
by the citizens of the various states and have quite complete 



STATE AND TERRITORIAL GOVERNMENTS. 34 

local suffrage, electing the Territorial Legislature and all local 
officers, yet they are denied national suffrage, not being allowed 
to vote for President and Vice-President and Congressmen. They 
can hardly be said to have any voice in national legislation, 
since the delegate is so restricted in his influence in Congress. 
As we are subject to the revenue laws of the United States, we 
may claim that we have "taxation without representation." 

Compensations. — But our lot is not so oppressive as it 
might seem. A large part of the expense of the Territorial gov- 
ernment is borne by the United States government, and terri- 
torial buildings, public lands to support schools, etc., are illus- 
trations of favors received from the national government. 
Taxes are consequently somewhat less than what they would be 
with statehood. 

Our people have been so busy in developing the resources 
of the Territory, and have enjoyed such great prosperity that 
they have felt only to a slight degree the inconveniences and 
disadvantages of a territorial government. 



The local government of the Territory will now be discuss- 
ed somewhat in detail, beginning with the smallest and simplest 
governmental unit, the school district, and taking up in suc- 
cession thereafter the larger and more complex forms of town- 
ship, city, county and territorial governments. 



CHAPTER III. 



THE SCHOOL DISTRICT. 

REASONS FOR EDUCATION.— Education promotes the 
welfare and happiness of the people by increasing their pros- 
pects for success in business and conducting to many avenues 
of wholesome enjoyment : it increases the peace and security 
of society by lessening crime, for it is a true old saying, that 
"ignorance is the mother of crime :" it reduces the cost of gov- 
ernment, for education is cheaper than the capture, prosecution 
and punishment of criminals and the maintenance of penal and 
charitable institutions, — "an ounce of prevention is worth a 
pound of cure;" it prepares the people for self-government, as 
it is the chief source of the intelligence necessary to an under- 
standing of their civil and political rights and duties. A free 
people must know what is best for themselves and how to secure 
the desired results in order to enjoy the fullest benefits of a 
popular government. And, further, it is the duty of every 
patriotic citizen of our country to make a study of our govern- 
ment in order that they may select the best qualified officers 
and encourage the enactment of the wisest laws. 

SUPPORT OF SCHOOLS.— These truths have been realiz- 
ed in this country from the earliest times, and increasingly lib- 
eral provisions have been made for the support of the public- 
schools. A large portion of the taxes paid every year are to de- 
fray the expenses of education. All property owners must 
assist in maintaining the schools, for, although some tax payers 
have no children in school, yet every one derives a benefit from 



39 CIVIL GOVERNMENT IN OKLAHOMA. 

an educated public which is more than proportionate to his 
school tax. This fact is so universally recognized that every one 
takes pride in our educational system and pays his school tax 
cheerfully. 

The income for the maintenance of public schools comes 
chiefly from four sources : A local tax, a county tax, a territorial 
tax, and the rental from the school land. These will be consid- 
ered separately in connection with the school district, the 
county, and the Territory. 

DISTRICTS: HOW ORGANIZED.— The county superin- 
tendent divides the county into convenient school districts, 
having regard to rivers and other obstructions to travel. No- 
tice of formation of such districts must be posted in five places 
in the district, and, if there be no objections, the superintendent 
appoints "a time and place for a special district meeting for the 
election of officers and the transaction of such business as is 
prescribed by law for regular school district meetings." No 
district can be formed containing less than eight persons of 
school age. 

The county superintendent may change the boundaries of 
a district upon petition of one-third of the voters of that dis- 
trict. 

A district is deemed organized when the school officers 
have been properly elected and qualified. A school district is 
a body politic and corporate, that is, it is an organization of citi- 
zens with the power to transact such business as is necessary 
to provide and maintain an efficient school. 

QUALIFICATIONS FOR VOTING AT SCHOOL MEET- 
INGS. — All qualified electors and all females over twenty-one 
years of age, who are citizens of the United States or have de- 
clared their intention to become such, and who are residents 
of the district, may vote in a bond election or for school officers. 



THE SCHOOL DISTRICT. 40 

THE ANNUAL SCHOOL MEETING.— This meeting is 
held yearly on the second Tuesday in July. The director, it 
present, acts as chairman of the meeting'; otherwise the chair- 
man is elected by the voters present. Then comes the vote for 
the school officers, one being- elected each year for a term of three 
years. Yearly they levy for current expenses a district tax not 
to exceed two per cent of the property valuation. But in addi- 
tion thereto, when necessary, a special tax of two per cent for 
building a school house may be voted. The school house must 
be located within one-half mile of the center of the district. 
They may determine the amount of school and what time of 
year it shall be taught, but the amount must be between three 
months and nine months. At the annual meeting it is sometimes 
decided what wages shall be paid the teacher, and whether a 
male or female teacher shall be employed. 

Special Meetings for voting bonds or for other proper pur- 
poses may be called by a majority of the board, or by a majority 
of the voters of the district. 

A school meeting is an example of a pure democratic form 
of government, that is, a government where the people rule 
themselves directly. The rest of our government is a represent- 
ative democracy, that is, a government by elected represent- 
atives. 

DISTRICT OFFICERS.— The officers of a school district 
are a director, a clerk, and a treasurer, who hold office for three 
years, one being elected each year. If any one elected as a 
member of this board fails to qualify, or to perform any of his 
duties, the law requires the county superintendent to "appoint 
a suitable person in his stead." 

Duties of Director. — The duties of the Director are: To 
preside at all district meetings ; to sign all orders drawn by the 
district clerk on the treasurer; to represent the district in all 



41 CIVIL GOVERNMENT IN OKLAHOMA. 

suits at law. 

Duties of Clerk. — The chief duties of the Clerk are: To 
keep all books, etc., belonging to the district; to record pro- 
ceedings of all district and board meetings ; to draw all orders 
on the treasurer. He must also transmit, on or before May 25th, 
yearly to the county clerk, a list of all persons in his district 
liable to pay taxes. And he must report to the county superin- 
tendent promptly all school officers elected, the commencement 
of each term of school,and the amount of school tax levied at 
the annual meeting. 

Duties of Treasurer. — He must give bond in double the 
amount of school money he is likely to handle each year. It is 
his duty to keep a careful record of all moneys received and 
paid out by him, and make a full report to the district at the 
annual meeting. He pays out money only upon orders properly 
drawn. In the "warrant register" he records all warrants not 
paid for want of funds. These warrants draw six per cent in- 
terest. Notice is given when funds are available to pay these 
warrants, and interest stops thirty days thereafter if these 
warrants are not presented for payment. 

DISTRICT BOARD.— The district board consists of the 
three officers above named, director, clerk and treasurer. The 
board as a whole performs many important duties in addition 
to those of the separate members mentioned above. For in- 
stance, when authorized by a district meeting they may provide 
a school house and grounds ; they may permit the school house 
to be used for any public gathering, religious, political or educa- 
tional; hire the teacher, and dismiss same for incompetency, 
cruelty, negligence, or immorality; procure fuel and supplies, 
and have charge of all school property. One or more members 
of the board are required by law to visit the school at least 
twice a term, looking into all matters pertaining to the school 



THE SCHOOL DISTRICT. 42 

and offering suggestions for improvements. 

The following branches must be taught in English: Or- 
thography, reading, writing, English grammar, geography and 
arithmetic. The board may prescribe other branches. 

Annual Report of Board. — The board prepares a report to 
be presented to the voters of the district at their regular annual 
meeting, and afterwards sends the same to the county superin- 
tendent. The report gives information upon the following 
subjects : 

1. The school population of the district. 

2. The attendance and studies taught. 

3. The amount of school taught, name of teacher, and 
wages. 

4. The amount of school money received and how spent. 

5. The amount of school money raised in the district. 

6. Kinds of books used, etc. 

UNION GRADED SCHOOLS. 
Two or more districts may unite for the purpose of estab- 
lishing a graded school. Such union district is organized and 
governed practically the same as an ordinary district. A much 
more efficient school may thus be secured without greater ex- 
pense than an ordinary district school. Union graded schools 
have been organized in Washita, Logan, and Greer counties. 



The same law regulates the schools of rural districts and 
those of cities, towns, and villages of the second class. Cities 
of the first class manage their schools under a special law, which 
will be described in the chapter on Cities of the First Class. 



SCHOOL LIBRARY. 

The law requires that each school district build up a school 
library by the purchase of books and periodicals, expending for 
this purpose from $5 to $100 a year, according to the number 



43 CIVIL GOVERNMENT IN OKLAHOMA. 

of teachers employed. The books are selected from a list fur- 
nished by the board of county examiners. 



GRADUATION FROM COMMON SCHOOLS. 

"The course of study for common schools was introduced 
in 1896. In the eight years 2,973 students have graduated. In 
1903 there were 1,162 common school graduates." — Governor/s 
Report, 1903. - ■- ;:; = ■ 



CHAPTER IV. 



THE TOWNSHIP. 

ORGANIZATION.— For the convenient and successful 
management of local affairs each county has been subdivided 
by the county commissioners into small districts, six miles 
square in the thickly settled portions, and organized with town- 
ship governments. The main purposes of a township organiza- 
tion are to construct roads and small bridges, to enforce law 
and preserve order, to prosecute persons guilty of petty crimes 
or disturbing the peace, and to furnish convenient districts for 
conducting elections, assessing and equalizing taxes. 

No new township can be organized with an area of less 
than thirty-six square miles nor with less than three hundred 
inhabitants. Plats showing names and boundaries of the town- 
ships were made by the county clerk, one plat being kept in his 
office and one by the proper township officer. 

The first set of officers were appointed by the commission- 
ers, but since that they have been elected by the voters in each 
township. 

A BODY POLITIC AND CORPORATE.— Each organized 
township is a body politic and corporate, that is, it has a local 
government of its own, and, through its trustees as its agents, 
it can transact business necessary for the good of the township, 
sue and be sued. 

OFFICERS.— The officers of the township are : One Trustee, 



45 CIVIL GOVERNMENT IN OKLAHOMA. 

who, by virtue of his office, is also Township Assessor, and 
Township Supervisor of Roads ; one Clerk ; one Treasurer ; two 
Justices of the Peace; two Constables; one Road Overseer in 
each road district of the township. 

ELECTION. — All officers except the road overseers are 
elected biennially at the regular general election, that is, on the 
first Tuesday after the first Monday of November in even num- 
bered years. The road overseers are appointed by the township 
board. These officers enter upon their duties the first Monday 
of the following January. 

The county commissioners canvass the votes for the town- 
ship officers, and, in case of a tie, they elect by lot. The county 
clerk issues certificates of election to the successful candidates. 

TEEM. — All township officers are elected for a term of two 
years. 

QUALIFICATIONS.— No one is eligible to a township 
office unless he is a legal voter and resident of such township. 
(See chapter on Elections). An official changing his residence 
to another township vacates his office. County attorneys and 
clerks of the district court are not eligible to township offices. 

OATH AND BOND. — All officers must take oath and give 
bond for the faithful discharge of their official duties and the 
proper accounting for all moneys officially receivea. 

Bonds of township officers are as follows: Clerk's bond, 
$200; constable's bond, not over $1,000; justice's bond, no 
amount named; assessor's bond, $500; bonds of treasurer and 
road overseer, amount of each not less than double the amount 
handled at any one time. 

If an official violates his oath of office and makes an illegal 
use of the public money in his possession, the persons who 
signed the bonds as sureties should be sued and compelled to pay 
into the public treasury the amount named in the face of the 



THE TOWNSHIP. 46 

bond. All bonds are filed with the county clerk. The road 
overseer's bond is approved by the township trustee; all other 
bonds of township officers are approved by the board of county 
commissioners. 

VACANCIES: HOW FILLED.— A vacancy in the office of 
road overseer is filled by appointment by the township trustee. 
The county commissioners fill all other vacancies in township 
offices by appointment of eligible persons, and such appointees 
remain in office until the next regularly elected officers qualify. 
THE JUSTICE OF THE PEACE. 

No county attorney or clerk of the district court can be 
justice of the peace. No justice can hold office in or over a 
saloon, or with an attorney. 

JURISDICTION.— The jurisdiction of a justice of the 
peace in civil actions is co-extensive with the county wherein 
he is elected. He may issue orders of attachment, and execu- 
tions, and administer any oath ; take acknowledgments of 
deeds, mortgages, and other instruments in writing, and sol- 
emnize marriages ; try any civil case involving property of not 
more than $100 in value. But he has no jurisdiction over the 
cases where boundary lines or titles to land are in question. In 
criminal cases his jurisdiction is limited to petty crimes, as 
assault and battery, and cases for which the punishment is not 
more than thirty days in jail, or a fine not more than $100, or 
both such fine and imprisonment. He can try cases for malicious 
injury to property, and other petty misdemeanors which do not 
require indictment. 

JURY TRIALS.— Trial before a justice is without jury, 
unless before the trial begins the plaintiff or defendant demands 
a jury trial. A justice's jury is composed of six persons. For 
manner of selecting this jury see chapter on Probate Judge. 

ADDITIONAL JUSTICES AND CONSTABLES.— Upon a 



47 CIVIL GOVERNMENT IN OKLAHOMA. 

petition of a majority of the voters in a township, the county 
commissioners provide for the election of more than the reg- 
ular number of justices and constables. 

CONSTABLE. 

POWERS AND DUTIES.— The constable may be minis- 
terial officer in any justice court within the county. He makes 
arrests, subpoenas witnesses, enforces the orders of the justice, 
preserves peace, and, in general, has the same powers and sus- 
tains the same relations to the justice court that the sheriff does 
to the county court. It is his duty to bring to the justice all 
violators of the criminal laws and disturbers of the peace. He 
should be present in person or by deputy at all such trials. 

He may appoint one or more assistants, but will be respon- 
sible for their official acts. 

If the constable needs assistance in the discharge of his 
duties, he may deputize as many citizens as necessary, who must 
follow his orders strictly or suffer severe penalties. 

TREASURER. 

Duties. — He shall receive and take charge of all moneys be- 
longing to the township, and pay out same only on order of the 
township board. He must keep a separate account for each 
fund. His books are audited by the board at its meeting on the 
last Saturday of December. 

He shall keep a "Warrant Register" for the registration of 
all warrants not paid for lack of funds. Unpaid warrants draw 
six per cent interest. When funds become available these war- 
rants must be paid in the order of their registration, and from 
the funds upon which they are properly drawn. 

REPORT. — To his township board at its annual meeting 
he must make a full official report of all moneys received and 
paid out by him and a similar report to the county commission- 



THE TOWNSHIP. 48 

ers at their January meeting. 

OPEN RECORDS.— His records must be open for inspec- 
tion at all times by the county commissioners and the township 
board and all persons holding claims against the township. 

CLERK. 

DUTIES.— Under the direction of the board of directors he 
procures all books and stationery accessary for the use of the 
township. He is secretary of the board, recording transactions 
of its meetings; he has custody of all books, records, and papers 
belonging to the township. lie must report annually to the 
county clerk the financial condition of his township. 

RECORDS OPEN TO INSPECTION.— The records and 
other books of the township clerk and treasurer shall always 
be open for public inspection." 

TRUSTEE: ASSESSOR: ROAD SUPERVISOR. 

The Trustee acts as inspector of township elections, and 
appoints two electors to act as judges at such election. 

The trustee when acting as Assessor has the following 
duties: Upon notice from the county clerk the assessors meet at 
the county seat on the second Monday in January of each year 
to agree upon a cash basis for valuation of property. 

The assessment shall be made on, or as soon as practicable 
"after, the first Monday of March," yearly, "at the actual cash 
value of the property," and in the name of the person owning 
the property on the first of March. This is the law, but it has 
become the custom to assess property at from about one-sixth 
to one-fourth of its actual cash vane. 

Trustee as Township Supervisor of Roads. — The township 
trustee is by virtue of his office Township Supervisor of Roads. 
"He is empowered to employ labor, bny material and superin- 
tend the building', grading and construction of roads and 
bridges within his township as directed by his township 



49 CIVIL GOVERNMENT IN OKLAHOMA. 

board." The law does not allow him pay for more than sixty 
days work of this kind. 

DISTRICT ROAD OVERSEER. 

The township board divide the township into convenient 
road districts containing not less than nine square miles each,, 
and appoint a Road Overseer in every district. 

DUTIES. — He must open up and put in passable condition 
new roads, erect guide boards at forks of roads, and water 
marks at fords, notify each one liable for road tax when and 
where he is to work on the roads. Every able bodied person 
between the ages of twenty-one and fifty years is liable for a 
road tax of four dollars. Instead of paying money a person 
may give four days road work of eight hours each, or two days 
with his team. Road tax unpaid by January first becomes de- 
linquent and is collected the same as other delinquent taxes. 
(See chapter on Taxation). 

REPORT. — The road overseer must keep a careful record 
of all money received and paid out by him for work, material r 
plows, and scrapers and other implements; and a sworn report 
must be made of same to the township board the last Saturday 
of December. In March of each year all work done in his dis- 
trict must be reported in full by him to the Township Super- 
visor of Roads. 

TOWNSHIP BOARD OF DIRECTORS. 

This is the legislative body of the township. It consists of 
the three following officers : Township trustee, who by virtue of 
his office is also assessor and road supervisor of the township - r 
township treasurer, and township clerk. 

BOARD MEETINGS.— Board meetings are held at the 
clerk's office. There are two regular meetings each year, one 
in April and one in October. Regular meetings can not last 
longer than two days, and called meetings not longer than one 



THE TOWNSHIP. 50 

day, — in all not more than fourteen days in one year. 

HOW THE BOARD ORGANIZES.— At the first meeting 
after they are elected the board select one of their own num- 
her as President, who presides at all board meetings and signs 
all orders and official acts of the board. The township clerk 
acts as secretary at all board meetings. 

DUTIES.— The chief duties of the board are as follows : 

1. To divide the township into road districts. 

2. To authorize the building, under the supervision of the 
road supervisor, of township bridges, that is, bridges not more 
than twenty feet in length. Bridges longer than twenty feet 
are county bridges, and are built under the supervision of the 
board of county commissioners, the township paying two-thirds 
of the cost and the county one-third. All fills, culverts, and 
bridges should be at least sixteen feet wide. 

3. To clear the roads of weeds and brush. 

4. To levy all township taxes for the constructon of roads 
and bridges and to pay the township officials and defray all 
other expenses incurred for the benefit of the township. An 
estimate of the necessary expenses of the township for a year 
is made in advance and sent to the county clerk. This estimate 
is used in determining the rate of assessment for the township 

General road and bridge taxes can not exceed five mills, 
but in addition thereto a special bridge tax of five mills may bo 
levied. When a township bridge is constructed over a stream 
between two townships the cost is borne by the two township? 
equally. 

5. To equalize between individuals the township assess 
ments, the third Monday in April yearly. 

6. To audit all claims against the township and the ae- 



51 CIVIL GOVERNMENT IN OKLAHOMA. 

counts of township officers, except the assessor's accounts. 

7. To perform all other duties prescribed by law. 

ACCOUNTS: HOW PRESENTED AND PAID.— Claims 
may be presented to the township clerk, or to the board in ses- 
sion. All claims must be audited by the board, that is, be care- 
fully examined as to their legality. Claims must be supported 
by an affidavit, that is, the claimant must make a solemn oath 
that the claim is true and just and wholly unpaid. The board 
may allow or reject the whole, or a part of any claim. 

The claims thus audited are kept on file at the clerk's 
office, where any one may examine them. When a claim is 
allowed the board draw an order upon the treasurer, and the 
said order must be signed by the president of the board and 
''attested by the township clerk and delivered to the claimant/' 

PAY OF TOWNSHIP OFFICERS.— The clerk, justice of 
the peace, overseer of roads, and trustee when acting as trustee 
or supervisor of roads, each receive $1.50 per day for the time 
actually spent in the discharge of the duties of their respective 
offices. The road supervisor can not draw pay for over 60 days ' 
work in one year, nor a road overseer for more than 25 days in 
one year. The clerk is paid in part by fees : 25c each for serv- 
ing notices of election or appointment to township office; 10c 
per hundred words for recording or copying instruments. The 
assessor is paid not to exceed $3 per day for the time spent in 
taking assessment, as the county commissioners may determine. 
The justice of the peace is paid principally in fees ranging from 
10c to $3, — the marriage fee. The constable is paid entirely by 
fees. 



CHAPTER V. 



SECOND CLASS CITIES, TOWNS AND VILLAGES. 

INTRODUCTION. — When many people dwell closely to- 
g-ether on a comparatively small tract of land, it becomes neces- 
sary to have a larger number of laws to regulate their relations 
with each other than when they live scattered throughout a 
rural district. There is much greater danger from spread of 
fire and contagious diseases, and from disorder and robbery, 
and the health is more apt to be impaired by impure water and 
imperfect drainage, and the greater travel and traffic in all sea- 
sons of the year make sidewalks and well kept streets a neces- 
sity. And for many other reasons a town, village, or city should 
have a special government, with its own set of officers and ordi- 
nances adapted to its needs. The statutes provide for organiz- 
ing such governments. 

FIRST AND SECOND CLASS CITIES AND TOWNS. 

T he cities, towns and villages of the Territory are divided 
in two classes. A first class city must contain over 2,500 
in labitants and be incorporated under the laws regulating the 
organization of cities of the first class. All other cities, towns 
and villages belong to the second class. 
CITIES, TOWNS AND VILLAGES OF THE SECOND CLASS. 

INCORPORATION OF A TOWN.— Before a town can be 
incorporated the site must be carefully surveyed and platted 
and the census taken, and at least one-thivd of the voters peti- 



55 CIVIL GOVERNMENT IN OKLAHOMA. 

tion the county commissioners for the incorporation. The board 
of commissioners appoint a day for the citizens of the proposed 
town to decide by a majority vote whether the town shall be 
incorporated. 

The new town is divided into not less than three wards nor 
more than seven wards. After due notice is given the various 
town officers are elected. 

A BODY CORPORATE.— "The president and trustees of 
such town and their successors in office, shall constitute a body 

politic and corporate, by the name of the 'town of ,' 

and shall be capable in law to prosecute and defend suits to 
which they are a party." 

ANNUAL ELECTION: OFFICERS.— After the selection 
of the first set of officers, the regular annual election occurs on 
the first Monday in May. The Board of Trustees act as the In- 
spectors of election and as the Canvassing Board. (See chapter 
on Elections). Each year there are elected by a majority vote 
a Clerk, an Assessor, a Treasurer, a Justice of the Peace, and 
one Trustee for each ward. The Marshal is appointed by the 
Board of Trustees, as also are the Street Commissioners, Fire 
Wardens and City Attorney. 

The offices of clerk and assessor may be held by one and the 
same person. 

VACANCIES: HOW FILLED.— "A vacancy occurring in 
the board of trustees or in any corporate office shall be filled 
by appointment at a special meeting of the trustees called for 
that purpose." Such an appointment is only to fill out the re- 
mainder of the unexpired term. 

HOW OFFICERS QUALIFY.— Every officer before enter- 
ing upon the duties of his office must take an oath to faithfully 
discharge the duties of such office. All officers who have the 
handling of public money must take oath to properly use ancl 



SECOND CLASS CITIES. 56 

account for such money and give such bond as may be required 
by the board of trustees . The town officers required to furnish 
bonds are the clerk, assessor, treasurer, marshal and justice of 
the peace. 

DUTIES OF OFFICERS.— The duties of the officers of an 
incorporated town correspond very closely to those of similar 
officers in a township. Only a few special duties will be men- 
tioned here. 

The Justice of the Peace has jurisdiction in all cases that 
come before a township justice, and exclusive jurisdiction in 
all cases resulting from violation of the town ordinances. In 
ease of trial before a justice of the peace for violation of an 
ordinance of an incorporated town or city, the defendant may 
demand a jury trial. Then a jury of six citizens of the town 
having qualifications of jurors is selected as follows : The jus- 
tice makes out and hands to the marshal a list of twelve names. 
The marshal and defendant strike off from this list three names 
each. The remaining six names constitute the jury. The jus- 
tice must open court every day except Sundays. In his ab- 
sence the President of the Council must act as Justice of the 
Peace. 

The Town Clerk is charged with the care of all records, 
books and papers of the board of trustees, attends all meetings 
of said board and records the proceedings thereof. He is re- 
quired to give ten days' notice of all regular and special meet- 
ings and elections of the qualified voters of the town. 

The Assessor reports his assessments to the board of trus- 
tees '»on or before the second Tuesday in April of each year." 

The Marshal collects the special taxes and licenses, and per- 
forms other duties in the town corresponding to those of the 
sheriff in the county. 

The Street Commissioners keep the streets and sidewalks 



57 CIVIL GOVERNMENT IN OKLAHOMA. 

in repair; and the Fire Wardens see that the fire ordinances 
are complied with, and attend all fires " and give their per- 
sonal superintendence to extinguishing the same." 

BOARD OF TRUSTEES: POWERS AND DUTIES.— The 

board of trustees elect a President from their own body. This, 
officer corresponds to the Mayor in the first class cities. 

The powers and duties of the trustees may be classified in 
the following manner : 

Business : Corporate Powers.— To have a seal ; to purchase 
necessary real estate and personal property ; to insure the public 
property; between the first and last Monday of April in each 
year to settle with the town treasurer, and publish an account 
of the receipts and expenditures, stating the sources of the re- 
ceipts and the purposes of the expenditures ; all bills must be 
itemized by the claimants and approved by the board before 
warrants can be drawn on the treasury; appropriate money 
for the payment of all just bills. 

Taxing Power. — Before the third Monday in May of each 
year the board determines the amount of the general tax for 
the current year, which cannot exceed five mills on the dollar; 
to license or restrain public exhibitions, auctioneering and 
peddling ; to tax all dogs kept and owned in town ; to collect 
one dollar poll tax on each male citizen between the ages of 
twenty-one and fifty-five years. 

Police Power : Maintaining Order and Enforcing Laws and 
Ordinances. — To appoint a marshal and deputy marshals ; to 
preserve the peace and quiet of the town ; to enforce the town 
ordinances by inflicting fines and penalties, — fines not to exceed 
$25, except when an ordinance requiring a license is involved, 
in which- case the fine must not be less than the license fee, 
even though that be more than $25. 

Maintaining the Public Safety. — To provide for protection 



SECOND CLASS CITIES. 58 

against fire ; to establish waterworks ; to restrain stock from 
running at large ; to appoint fire wardens to inspect buildings, 
etc., and see that precautions are taken against fire; to regulate 
the storage of gunpowder and other explosives. 

Sanitary Power: Maintaining Regulations to Promote 
Health. — To insure good drinking water by establishing water- 
works; to establish a system of drainage by sewers, etc.; to 
abate nuisances ; to prohibit the spread of disease ; to keep 
streets and alleys clean; to direct the erection of slaughter 
houses. 

Guarding Public Morals. — To prohibit gambling and other 
immorality; to have full power to regulate or prohibit the 
liquor traffic within the town and for a distance of two mil^s 
beyond the corporate limits. 

Promoting the General Welfare. — To establish and regp 
late town markets : to establish cemeteries ; to plant and car 
for trees on the public grounds and along the streets ; To FaciK 
tate Travel (a) by establishing and improving streets and 
alle3 T s; (b) by constructing sidewalks and sewers; (c) by ap- 
pointing street commissioners; (d) by preventing sidewalks 
from being encumbered, or riding or driving along the same; 
(e) by permitting to all companies on equal terms the use of 
the streets and alleys for street railways, water pipes, gas pipes, 
and electric light and telephone wires. 

General. — To make all ordinances necessary to carry into 
effect all provisions herein enumerated. Ordinances must be 
published ten days before taking effect, unless an emergency 
exists, in which case an ordinance may be declared in effect 
immediately upon publication. 



CHAPTER VI. 



CITIES OF THE FIRST CLASS. 

INTRODUCTION.— In the time of Washington, Philadel- 
phia was the largest city in the United States, having a popula- 
tion of 42,000. Now New York City is next to the largest city in 
the world, having a population of 3,500,000, as much as that of 
the entire United States at the adoption of the constitution. 
Statistics indicate that the city population of the United 
States is increasing more rapidly than the rural population. 
This is so because more people move to the cities from the coun- 
try than to the country from the cities, and because most im- 
migrants enter and remain in the cities. About one-third of 
the people of the United States live in cities and the remaining 
two-thirds in rural districts. 

There are twenty-two cities of the first class in Oklahoma. 
Guthrie, the Territorial capital, and Oklahoma City are the 
largest. Most of these twenty-two cities "have good systems of 
waterworks, electric lights, police and fire protection, good side- 
walks, graded streets, and some public buildings. Some have 
paved streets of asphalt or brick, sewer systems, gas plants, 
electric street-car lines, public parks, fine opera houses and 
churches. All have good graded schools, and many have beauti- 
ful and substantial school buildings. Each has its commercial 



CITIES OF THE FIRST CLASS. 60 

club, composed of the energetic and influential element of the 
place, which exerts every effort to build up the town and secure 
business enterprises and manufacturing industries." (From 
the Governor's Report for 1903). 

For list of First Class Cities see Appendix A. 

Cities of the first class contain over 2500 inhabitants, and 
all other cities, towns and villages belong to the second class. 
In comparison with the smaller cities and towns, the govern- 
ment of a first class city is much more complex, as there are 
many more officers, a larger council, and the authority of the 
local government is necessarily much greater. The more dense 
the population of a city the more intimate are the relations of 
its inhabitants, and, consequently, the greater is the necessity 
for regulating their conduct with a large number of minor 
rules; and, too, the greater is the benefit derived from public 
improvements. All the reasons for incorporating a town, or 
city of the second class, apply here with increasing force. As 
we consider the functions of the government of a city of the 
first class, we shall understand these reasons more fully. 

HOW ORGANIZED AS A FIRST CLASS CITY.— The cen- 
sus is taken by order of the council. The population must be 
over 2500. The enumeration must be certified to the Governor, 
together with a petition signed by a majority of the voters re- 
questing the Governor to declare it a city of the first class. 
Then within thirty days the Governor makes proclamation, 
giving twenty days notice, of an election of the officers required 
in a first class city. 

All cities of the first class are bodies corporate and politic, 
having power to conduct suits at law and to acquire title to 
property, to make contracts, and to do all other acts necessary 
for the good government of the city. These powers are exer- 



61 CIVIL GOVERNMENT IN OKLAHOMA. 

cised by the mayor and council. 

ELECTION. — Cities of the first class have an election every 
year on the first Tuesday in April. As there are two members 
of the council and two members of the school board from each 
ward, one-half of the members of each body are chosen each 
year so as to have experienced men in these offices all the time. 
All other officers to be elected are chosen on odd years, — unless 
the council uses the power given it by the statutes to make the 
election of some or all of the city officers annual. The city coun- 
cil acts as the canvassing board, and the city clerk issues certifi- 
cates of election to the successful candidates; otherwise the 
general election law governs city elections. (See chapter on 
Elections.) 

QUALIFICATIONS OF OFFICERS.— All city officers 

ust be qualified electors, and the councilmen and members 

: the school board must reside in the wards which they repre- 

^nt. Without these qualifications officers are apt not to have 

ufficient interest in and knowledge of local affairs. 

VACANCIES: HOW FILLED.— All vacancies in city of- 
fices are filled by appointment by the council. Any officer ex- 
cept the mayor may be removed by a majority vote of the 
council. 

OFFICERS. — The following officers are elected in a city of 
the first class: A mayor; clerk; police judge; treasurer; at- 
torney ; assessor ; marshal, who acts as chief of police ; treasurer 
of the school board; street commissioner; two councilmen and 
two members of the school board from each ward. 

The following officers are appointed by the mayor, "by 
and with the consent of the council:" An assistant city mar- 
shal; city engineer; city physician; "and such policemen and 
other officers as the mayor and council may deem necessary/' 

PAY OF CITY OFFICIALS.— "The compensation of all 



CITIES OF THE FIRST CLASS. 62 

city officers shall be regulated by ordinance," but in no case 

can a councilman receive more than $50 in one year for his 

services. ... • ■ ...;.. 

DUTIES OF CERTAIN OFFICERS. 

THE CITY CLERK.— The city clerk shall keep a journal in 
which shall be recorded all proceedings of the city council. He 
keeps an "Ordinance Book," in which he enters at length in 
handwriting every ordinance immediately upon its passage by 
the council, and performs such other duties as the council may 
direct. 

POLICE JUDGE. — The police judge has original and ex- 
clusive jurisdiction to hear and determine all offenses against 
the ordinances of the city, and also, as justice of the peace, he 
has power to try all cases that ordinarily come before such an 
officer. It is his duty to keep a "Docket" and record therein 
every cause commenced before him. (See Justice of Peace in 
previous chapter). 

The council provide at city expense a suitable court room 
for the police judge. Police court must be open every day ex- 
cept Sundays. 

Warrants issued by the police judge may be served by the 
city marshal, his deputy, the county sheriff, Or any constable 
of the city. 

Witnesses in police court are paid fifty cents per day. 

Cases may be appealed from the police court to the distr 
court. 

The police judge makes a monthly report to the counen 
through the city clerk of all cases tried before him and of all 
fines collected. After deducting the fees of the various officials, 
the judge turns over the balance to the city treasurer monthly. 

THE MARSHAL: CHIEF OF POLICE.— The marshal is 
ex-officio chief of police. In general, it is the duty of the mar- 



63 CIVIL GORERNMENT IN OKLAHOMA. 

shal to enforce the city ordinances and preserve peace, carry 
out the orders of the police judge and collect licenses and cer- 
tain special taxes. 

The marshal acts under the orders of the mayor, and the 
police force are subject to the orders of both the marshal and 
mayor. 

The law requires the council to dismiss the marshal, his 
assistant, or any member of the police force for intoxication, 
gambling or taking bribes. 

THE CITY ATTORNEY gives legal advice to the officers 
of the city, and prosecutes persons guilty of violating the city 
ordinances. 

THE CITY ENGINEER makes surveys for public improve- 
ments, such as sewering and bridging the streets, etc., and esti- 
mates the cost thereof. 

THE STREET COMMISSIONER has general charge of all 
street work. If sidewalks are not repaired after ten days' 
notice from him, he makes the repairs and taxes the cost 
against the abutting property. 

THE DUTIES OF OTHER CITY OFFICERS correspond to 
the duties of similar officers in cities of the second class. (See 
chapter on Cities, Towns, and Villages). 

The duties of city officers not defined by statute are defined 
by city ordinances. 

THE MAYOR: HIS POWERS AND DUTIES.— ' ' The 
mayor shall preside at all meetings of the city council, and shall 
have a casting vote when the council is equally divided, and 
shall have the superintending control of all the officers and af- 
fairs of the city, and shall take care that the ordinances of the 
city . ... are complied with. " He shall sign all orders 
drawn upon the treasurer, and sign or veto ordinances passed 



CITIES OF THE FIRST CLASS. 64 

by the city council. But the council can by a two-thirds vote 
pass an ordinance over the mayor's veto. 

It is the duty of the mayor to make recommendations to the 
city council from time to time. He can require any city officer 
to exhibit the accounts, books or papers of his office, or make 
an official financial report to the council. An ordinance may be 
passed giving him power to enforce the health, quarantine, 
cemetery and waterworks regulations over all places within five 
miles of the city. 

The mayor can call upon any male inhabitant of the city 
between the ages of eighteen and fifty years to aid in quelling 
riots, or enforcing the laws. 

Acting with the council, he may remit fines and grant re- 
prieves and pardons for violations of the city ordinances. 
THE COUNCIL. 

COUNCIL MEETINGS.— The council must hold at least 
one regular meeting each month. Special meetings may be 
called at the written request of three members, but only the spe- 
cial business mentioned in the request can be transacted at such 
meeting. 

The council elect one of their own members as president of 
the council to preside in the absence of the mayor. It shall re- 
quire all city officers to subscribe to an oath of office and give 
bonds for the faithful discharge of their duties. They must see 
that the city is divided into at least four wards. 

A Quorum. — A quorum consists of a majority of all the 
members elected. 

Passing Ordinances. — All ordinances must be read and con- 
sidered by sections at a public meeting of the council. A yea 
and nay vote upon ordinances is recorded by the clerk. The 
vote of a majority of all the members elected is necessary to 



65 CIVIL GOVERNMENT IN OKLAHOMA. 

pass an ordinance. 

Ordinances are to be published as soon as practicable after 
they are passed. 

The city council may authorize the revision and printing 
of the city ordinances from time to time. 

GENERAL POWERS OF MAYOR AND COUNCIL.— The 
mayor and council have the management and care of the city 
and its finances; power to enact, change or repeal any ordi- 
nances that they deem expedient for the good of the city, the 
preservation of peace and good order, the suppression of vice 
and immorality, and the benefit of trade and commerce, and the 
health of the inhabitants thereof; but no act of the council is 
legal if it be contrary to the laws of the United States, The 
Organic Act, or the laws of the Territory. 

Contracts for city work can not be for a greater amount 
than that estimated by the city engineer. 

All claims against the city must be itemized and verified by 
oath, and passed upon favorably by the council before a war- 
ant can be drawn for their payment. 
SPECIFIC POWERS AND DUTIES OF THE COUNCIL. 

The specific powers and duties of the city council may for 
nvenience be roughly divided as follows : 

RAISING REVENUE BY TAXES AND LICENSES TO 
SUPPORT THE GOVERNMENT OF THE CITY: Taxes.— 
' ' That the Mayor and council of the city of the first class shall, 
on the second Monday of July of each year, make the following 
general tax levies only, and at the following rates, upon all of 
the taxable property of the city: (1) For a street and bridge 
fund, not to exceed two mills; (2) For a fire and water supply 
fund, not to exceed five mills; (3) For a contingent and supply 
fund, not to exceed one mill; (4) For a street lighting fund, 
not to exceed five mills; (5) For a salary fund, not to exceed 



CITIES OF THE FIRST CLASS. 66 

one mill; (6) For a sinking fund, a levy sufficient to pay one 
year's interest on the bonded indebtedness of the city, and to 
pay all bonds as they fall due, with twenty-five per cent added 
as an allowance for delinquent taxes: Provided, Said levy shall 
not exceed five mills; (7) For a park fund, not to exceed two 
mills: (8) For a judgment fund, not to exceed five mills." 

The total tax for general purposes, exclusive of school 
taxes, can not exceed 4 per cent of the taxable property in the 
city. See Appendix B. 

Extra Individual Assessments for Improvements. — The 
council may assess the grounds abutting for cost of building 
sidewalk on grade; for bringing streets to grade, paving and 
guttering, assessment is made for each block separately to the 
center of the block on each side of the street or alley improved, 
the assessment being without regard to the value of the build- 
ings or improvements thereon, — for the purpose of this assess- 
ment the lots are appraised by three men appointed by the 
mayor ; to plant and protect trees in the streets and avenues at 
the expense of the adjoining property owners. 

All assessments of taxes are certified to the county clerk, 
collected by the county treasurer, and paid over to the city 
treasurer four times a year. The council publishes a statement 
of the city finances quarterly. 

Poll Tax and Licenses. — The council may levy a poll tax of 
one dollar, in addition to the regular four dollars road tax, on 
all able bodied males between the ages of twenty-one and fifty 
years ; levy an occupation tax on any kind of business carried 
on in the town : "Provided, however, That all scientific and liter- 
ary lectures, and entertainments, shall be exempt from taxa- 
tion, and also all concerts and musical and other entertainments 
given, exclusively by citizens of the city." The council has 
power to prohibit or license the sale of liquors of all kinds, bil- 



67 CIVIL GOVERNMENT IN OKLAHOMA. 

Hard playing, and bowling; and it may prohibit but can not 
license immoral and disorderly houses, gambling, and Sabbath 
desecration. All licenses expire on the last day of April follow- 
ing their date of issue. 

Power to Issue Bonds. — For the purpose of general im- 
provement, and by the sanction of a majority of the voters of 
the city, the council may issue seven per cent bonds payable 
from ten to twenty years from date ; and without the consent of 
the voters it may issue bonds for street improvements equal to 
the amount of tax levied that year for that purpose, and such 
bonds shall be payable in not more than a year from the date of 
issue; to pay the general indebtedness of the city, or for the 
running expenses of the city, money may be borrowed and 
bonds issued therefor by the sanction of the voters, such bonds 
to be made payable between ten and twenty years from date 
and bearing not more than ten per cent interest, but no such 
debts can be funded for more than their face value. To pro- 
vide a fund for paying the interest and principal of the above 
mentioned bonds, a tax in addition to other taxes may be levied. 
And the council is required to provide a sinking fund with 
which to pay the principal of its bonded indebtedness when- 
ever it falls due. For instance, suppose a certain bond falls 
due in ten years. Each year one-tenth of the amount would be 
raised by taxation and kept for the payment of the debt when 
due; thus the burden of the debt is distributed over a period of 
ten years. 

All bonded indebtedness of the city can not exceed twenty 
per cent of the taxable property. 

In a city of the first class with a system of waterworks, a 
special election may authorize the issuing of scrip to the amount 
of $5,000, to be expended in sinking wells. Such scrip must be 
made payable one-fifth each year until paid, and bear not more 



CITIES OF THE FIRST CLASS. 68 

than six per cent interest. 

Money can not be spent except by appropriation, which 
must be sanctioned by a majority of the council elected. 

The taxes must be kept in the various funds for which they 
are collected, and a warrant for any particular purpose must be 
drawn on the fund created for that specific purpose. 

It is unlawful for the council to issue any kind of certifi- 
cate of indebtedness or warrants to an amount greater, or to 
pay more, than eighty per cent of the levy for city expenses. 

POLICE POWER.— The council provides a police force to 
maintain order and enforce the laws and ordinances ; makes all 
rules, regulations, and ordinances necessary to carry into effect 
all powers granted to it by the laws of the Territory. It may 
enforce any ordinance by a fine not exceeding $100, or imprison- 
ment not exceeding three months, or both. 

PUBLIC SAFETY: PRECAUTIONS AGAINST DANGER 
TO PROPERTY AND LIFE.— The council may provide for the 
empounding of all kinds of stock found running at large within 
the city limits; levy a dog tax and kill all dogs not cared for 
according to ordinance; punish fast riding or driving in the 
streets; punish the riding or driving of animals or vehicles 
upon the sidewalks; regulate the construction and care of all 
kinds of chimneys and heating apparatus ; prescribe limits with- 
in which no wooden building may be erected, "nor dangerous 
or obnoxious or offensive business may be carried on ; " organize 
fire companies and provide them with proper apparatus ; control 
the carrying of fire arms ; punish vagrancy ; regulate the estab- 
lishment of depots, the running of trains through the city limits, 
the construction of railroad crossings, and the taking of private 
property for public use. 

SANITARY POWER: PROMOTING HEALTH.— The 
council may establish quarantine regulations; employ a city 



69 CIVIL GOVERNMENT IN OKLAHOMA. 

physician and provide a hospital ; establish a proper system of 
drainage and sewerage and keep the streets and alleys cleared 
of all garbage and refuse ; and provide for the isolation of per- 
sons suffering with contagious diseases. 

GUARDING PUBLIC MORALS.— The council has power 
to prohibit or license the sale of liquors of all kinds, billiard 
playing and bowling ; it may prohibit, but can not license, im- 
moral and disorderly houses, gambling and Sabbath desecra- 
tion ; to preserve the peace, quietness, and morality of the city, 
it may prohibit all kinds of unnecessary and boisterous noises, 
assaults, larceny, disturbances, indecent shows, discharge of fire 
arms and explosives of various kinds within the city. 

IMPROVEMENT AND CARE OF STREETS.— The coun- 
cil may widen or close streets and alleys, or lay out and open 
new ones; prevent all kinds of obstructions in the public pas- 
sage ways ; control the planting and care of shade trees in the 
streets; regulate all kinds of constructions in, adjoining, or 
under the public passage waj^s; provide for and regulate the 
lighting of the streets, but no contract for lighting the streets 
can be made for a longer time than twenty-one j^ears, and all 
lighting companies must be allowed the use of the streets and 
alleys on the same terms, — and the price of lights are subject 
to reasonable control by the council. 

The council must publish for four weeks a notice of pro- 
posed improvements of the streets or alleys which necessitate 
special taxes. If a majority of the property owners who would 
have to pay the special tax do not file with the city clerk their 
protest against such improvement, then the council have power 
to make the proposed improvements. 

Sidewalks may be constructed upon the request of ten 
petitioners. 

Contracts may be made for street sprinkling and the cost 



CITIES OF THE FIRST CLASS. 70 

taxed against owners of property fronting on streets so 
sprinkled, but such cost shall not exceed two mills on the dollar 
of the property valuation. 

PROMOTING THE GENERAL WELFARE.— The council 
may purchase grounds, erect a market house and provide for 
the regulation thereof, and in like manner may provide for any 
other public building; prescribe rules for weighing and measur- 
ing all commodities sold in the streets. 

Providing a Cemetery. — The mayor and council may pur- 
chase a tract of land not to exceed eighty acres outside of the 
city limits to be used as a cemetery. "The council shall pro- 
vide for surveying, platting, grading, fencing, ornamenting and 
improving all the burial and cemetery grounds and the avenues 
leading thereto. ' ' They also regulate the sale of lots to private 
individuals, and make rules and ordinances regarding the care 
of the cemetery. 

SCHOOLS IN CITIES OF THE FIRST CLASS. 

Each city of the first class constitutes a separate school dis- 
trict, which is not under the supervision of the county superin- 
tendent of schools. And territory adjacent to the city may be 
joined for school purposes. 

The School Board is composed of two members from each 
ward, whose term is two years, the two members from each 
ward being elected on alternate years. At the annual meeting 
in May the board organizes by the selection of a president, vice- 
president, and clerk, who perform the usual duties of such of- 
ficers. The clerk gives a $1,000 bond. The treasurer makes 
monthly reports of the financial condition of the district, and 
performs the other usual duties of a school treasurer. His bond 
is prescribed by the board. 

The board elect the superintendent and teachers, and may 



71 CIVIL GOVERNMENT IN OKLAHOMA. 

make rules and regulations for the school. 

Selection of Teachers. — A committee with the superintend- 
ent as chairman is appointed by the board to examine all per- 
sons applying to teach in the city schools. 

A tax of fifteen mills on all taxable property in the dis- 
trict may be levied by the board for school purposes. To pay 
interest and to provide a sinking fund to pay off the bonds, this 
rate may be increased. Only eighty per cent of this levy is sub- 
ject to warrants. 

Regular meetings of the board are held upon the first Mon- 
day of each month. 

The enumeration of school children is taken during Janu- 
ary of each year. 

PUBLIC SCHOOL LIBRARIES. 

The law provides that in order to establish school libraries 
in each district there shall be used for the purchase of books 
and periodicals from $5 to $100 a year, according to the number 
of teachers employed. The board of examiners in each county 
furnishes the list of books to be published. 
KINDERGARTEN. 

Kindergartens may be established for children between the 
ages of four and six years in any school district having a popu- 
lation of twenty-five hundred. 



CHAPTER VII. 



THE COUNTY. 

INTRODUCTION. — For hundreds of years the county has 
been in use among English speaking people as a convenient 
political division for such purposes as the following : The levy 
and collection of taxes; the settlement of the estates of those 
who die ; the appointment of guardians to care for orphan child- 
ren and their estates; the settlement of disputes among the 
people, and prosecution for felony; supervision of common 
schools ; care of the poor, insane, and certain criminals ; pre- 
serving records of real estate transfers, of mortgages, judg- 
ments, and liens on personal property and real estate ; construc- 
tion of the more expensive roads and bridges ; management of 
elections and canvassing votes; taking measures to preserve 
the public health, etc. 

In the southern part of the United States from the earliest 
colonial times the county has been the most important unit of 
local government. This is known as the county system. In the 
New England states the township, or town, as it is called there, 
has always been the all-important organization for local govern- 
ment. This is known as the township system of local govern- 
ment. But in the middle Atlantic, North Central and Western 
States there has prevailed a combination of the county and 
township systems, known as the mixed system.. This latter 
division of local powers quite equally between the township 



75 CIVIL GOVERNMENT IN OKLAHOMA. 

and county seems to work best, and will probably in time be- 
come universal throughout the United States. 

We have the mixed, — township-county, — system of local 
government in Oklahoma. 

ORGANIZATION.— By the Organic Act, Oklahoma was 
originally organized into seven counties, with boundaries and 
county seats prescribed by congress. These counties were 
designated by number and the capitals indicated as follows : 

No. 1, county seat, Guthrie. 

No. 2, county seat, Oklahoma City. 

No. 3, county seat, Norman. 

No. 4, county seat, El Reno. 

No. 5, county seat, Kingfisher. 

No. 6, county seat, Stillwater. 

No. 7, "The Public Land Strip," all west of the 100th 
meridian, county seat, Beaver. 

The names of the counties were determined by vote at the 
time the first assembly was chosen. 

After the first opening the Secretary of Interior divided 
each "New Country," added to Oklahoma from time to time, 
into counties of as nearly as possible 900 square miles, and lo- 
cated the county seat in the center of each. Caddo, Comanche, 
and Kiowa counties were named by congress. Greer county 
was organized and claimed by Texas until the decision of the 
Supreme Court gave it to Oklahoma in 1896. The names of nY, 
other counties have been selected by the voters thereof. There 
are twenty-six counties at present, and others will be added as 
Indian titles to land become extinct. 

The first set of officers in new counties are appointed by 
the Governor to serve until the first election. 

BODY CORPORATE AND POLITIC— Each organized 
county is a body politic and corporate and has the following 



THE COUNTY. 76 

powers: 

"First. To sue and be sued. Second. To purchase and 
hold real and personal estate for the use of the county, and 
lands sold for taxes as provided by law. Third. To sell or con- 
vey any real or personal estate owned by the county, and make 
such order respecting the same as may be deemed conducive to 
the interests of the inhabitants. Fourth. To make all con- 
tracts and do all other acts in relation to the property and con- 
cerns of the county necessary to the exercise of corporate or 
administrative power. Fifth. To exercise such other and fur- 
ther powers as may be especially provided for by law." 

The powers of body politic and corporate are exercised by 
the commissioners. In all suits at law where the county is a 
party, the commissioners appear as plaintiffs or defendants in 
behalf of the county. The inhabitants of the county are compe- 
tent witnesses and jurors in such cases. A judgment against 
the county shall be paid out of the county taxes. 

ELECTION: OFFICERS.— The county officers are sur- 
veyor, treasurer, weigher, sheriff, attorney, clerk, probate 
judge, register of deeds, coroner, superintendent of public in- 
struction, and three county commissioners. A county is divided 
into three districts for the election of county commissioners, 
one commissioner being elected from each district. All county 
officers are elected once in two years, that is, at the general 
election, and qualify the following January, — except the county 
superintendent, who qualifies the first Monday in the following 
July, and the treasurer, who takes his office the first Monday of 
October following the election. 

GENERAL QUALIFICATION.— All county officials must 
be qualified electors of their county. 

VACANCIES: HOW FILLED.— The Governor makes ap- 
pointments to fill vacancies in the board of county commis- 



77 CIVIL GOVERNMENT IN OKLAHOMA. 

sioners. All other vacancies in county offices are filled by the 
county commissioners. 

COUNTY TREASURER. 

The treasurer must have his office at the county seat. He 
is required to give bond ranging from $25,000 to $'75,000, de- 
pending upon the population of the county. He can not hold 
more than two terms in succession. 

DUTIES. — The county treasurer has charge of the county 
funds, paying out money only on warrants issued by the board 
of commissioners. He collects the county taxes, and must keep 
an accurate account with each fund, settling with the commis- 
sioners twice a year, that is, in January and July. 

At the direction of the commissioners he may insure county 
buildings. The treasurer must certify regarding taxes on ab- 
stracted property. 

SALARY. — For various services the treasurer receives fees 
ranging from five cents to one dollar. He must report to the 
commissioners quarterly all fees collected. Out of such fees he 
may retain as his annual salary $800 in counties of not more 
than 10,000 inhabitants ; $1500 in counties of from 10,000 to 
15,000 inhabitants ; $1800 in counties of from 15,000 to 18,000 
inhabitants; and $2200 in counties of over 18,000 inhabitants. 
(To ascertain salaries of your county officers see Appendix C). 
REGISTER OF DEEDS. 

This officer is elected for a term of two years and must give 
a bond of $5,000. He may appoint a deputy and require him to 
furnish a $2,000 bond, but he must pay his deputy and all the 
rest of his assistants. 

DUTIES. — He has the care of records, books, deeds, maps, 
papers, etc., of his office which he keeps at the county seat. He 
must have a seal containing the words "Oklahoma" and "Reg- 
ister of Deeds. " He must attach this seal to all papers recorded 



THE COUNTY. 78 

and to all copies of his records which he issues. This seal in- 
sures their genuineness. 

It is his duty to record deeds, mortgages, and all other 
encumbrances against property, maps, plats, marriage certifi- 
cates, and other papers in books furnished by the county ; and 
he must carefully index each deed book and mortgage book. 
When a mortgage has been lifted the register of deeds records 
the fact. 

The Plat Book. — Maps of all cities, towns, and villages, or 
additions to the same, and cemeteries must be recorded in a 
special book known as "the plat book." 

The Receiving Book. — The exact day, hour, and minute an 
instrument is received for recording is entered in the receiving 
book as the recording date. This is very important. To illus- 
trate: When two or more mortgages are given on the same 
property, the first one put on record by the register of deeds is 
the first one to be paid in case it is necessary to sell the property 
to satisfy the debts of the mortgagor, and other mortgages are 
satisfied in the order in which they were recorded. 

The register of deeds will not make a record until he has 
been paid the fee therefor in advance by the one having the 
record made. 

SALARY. — He is paid by the county for indexing the deed 
book and mortgage book; for his various services he charges 
and collects fees ranging from five cents to $3.00 each. He 
must keep a careful record of fees received and report quarterly 
to the county commissioners, and turn over to the county treas- 
urer all moneys received in excess of his salary. 

Out of his fees he may retain as salary in counties of 10,000 
or less, $800 ; in counties of from 10,000 to 15,000 inhabitants, 
$1200 ; in counties of from 15,000 to 18,000 inhabitants, $1600 ; 



79 CIVIL GOVERNMENT IN OKLAHOMA. 

in counties of 18,000 or more, $2000. 

COUNTY CLERK. 

The county clerk is required to give a bond of not less 
than $5000. He must have his office at the county seat and keep 
it open from 8 A. M. until 6 P. M. daily. 

DUTIES. — The county clerk must keep a record of the pro- 
ceedings of the board of commissioners; file accounts acted 
upon by the board; attest all orders on the county treasurer; 
keep a ' ' Road Record, ' ' showing an account of all surveys and 
other official transactions regarding roads in the county ; make 
out the tax roll; furnish the township officers with proper 
blanks, books, etc. 

He "keeps tab" on the county treasurer by making a 
record of all the receipts and expenditures of the county. He 
is thus book-keeper of the county, keeping accounts with ten 
different funds. 

When the regular assessor fails to assess property, it is the 
duty of the county clerk to do so. All receipts given by the 
treasurer, except tax receipts, must be countersigned by the 
clerk. 

Once a year he reports to the territorial auditor on the 
commissioners examine all accounts of the county treasurer 
financial condition of his county. The clerk and the board of 
at the close of his term of office. 

In counties not exceeding 5000 inhabitants, the county 
clerk is also register of deeds. 

SALARY. — He has power to appoint a deputy, who, upon 
action of the board of commissioners, may be paid a salary of 
not more than $50 per month out of the county funds, but the 
clerk himself must pay his other office help, except in certain 
emergencies. He may be allowed $300 for making the tax roll. 
He must charge, collect and pay over to the county treasurer, 



THE COUNTY. 80 

fees ranging from seven cents per hundred words for copying 
instruments to $10 for issuing a liquor license. As a salary he 
may retain from the fees $500 in counties of not over 5000 in- 
habitants; $700 in counties from 5000 to 10,000 inhabitants; 
$1000 in counties of from 10,000 to 15,000 inhabitants ; $1300 
in counties of from 15,000 to 18,000 inhabitants ; and $1600 in 
counties over 18,000 inhabitants. 

COUNTY ATTORNEY. 

A bond of $1000 is required of this official for the faithful 
discharge of his duties. He must be a resident of the county 
and admitted to the bar. 

DUTIES. — The county attorney must appear as counsel be- 
fore the district court on behalf of the county or Territory in 
all criminal or civil cases in which the county or Territory is 
interested or a party. It is his duty to prosecute violations of 
the territorial laws ; to give legal information free of charge to 
civil officials upon request. The grand jury may require him 
to assist in the examination of witnesses and preparation of 
indictments. He can not give legal service in any case against 
the county or Territory. 

SALARY. — All moneys received by him must be turned 
over to the county treasurer within ten days of the receipt 
thereof. Once a year he settles with the treasurer. Besides be- 
ing allowed necessary traveling expenses, his salary is $1000 
yearly in counties of not more than 10,000 inhabitants; $1150 
in counties of from 10,000 to 13,000 ; $1250 in counties of from 
13,000 to 16,000; $1350 in counties of from 16,000 to 19,000; 
$1450 in counties of from 19,000 to 22,000 ; and $1600 in coun- 
ties containing over 22,000 inhabitants. 

SHERIFF. 

The sheriff must furnish a bond of from $3,000 to $20,000, 
as the board of commissioners may determine. He may ap- 



81 CIVIL GOVERNMENT IN OKLAHOMA. 

point in writing one or more deputy sheriffs and a jailor. These 
appointments must be approved by the commissioners. The 
sheriff is responsible for the acts of his deputies. Deputies are 
paid by not over sixty per cent of the fees they receive. 

The coroner acts as sheriff in any case where the sheriff 
or a deputy can not act. 

DUTIES. — The sheriff is responsible for the proper care 
of the county jail and the secure keeping of prisoners. He is 
ministerial officer of the county courts, serving all writs, orders, 
etc., of such courts. It is also his duty to preserve the peace of 
the county by quelling riots, dispersing unlawful assemblies, 
capturing criminals, etc. In carrying out these duties he can 
call to his assistance any person or persons he sees fit, or "sum- 
mon a posse. " A person so called upon must respond or lay him- 
self liable for severe penalties, for it is the civil duty of every 
citizen, not only to obey the law, but also, to assist in its en- 
forcement. If a sheriff fails to perform his duty he lays him- 
self liable for a fine, suit for damages, or removal from office. 

SALARY. — He receives fees for many services, and is al- 
lowed ten cents a mile and board while traveling in the dis- 
charge of his duties, — as when he takes a convict to the peni- 
tentiary, or an insane person to the asylum. He must settle 
quarterly with the county commissioners. As his yearly salary 
he may retain from the fees he collects $1600 in counties of 
10,000 or less inhabitants ; $2000 in counties of from 10,000 to 
15,000; $2400 in counties of from 15,000 to 18,000; $2800 in 
counties of more than 18,000 inhabitants. 

CORONER. 

The bond required of this official is from $5000 to $10,000. 
He performs the duties and executes the powers conferred upon 
the sheriff by law when that officer is disqualified for any 



THE COUNTY. 82 

reason. 

HOLDING INQUEST.— The chief duty of the coroner is to 
hold inquests. When a person dies from probably some unlaw- 
ful means the coroner summons six citizens to act as jurors in 
making inquiry into the cause of the death He has power to 
require witnesses to attend this inquest ; and to have medical 
analysis made if he has a good reason to suspect poisoning. He 
may even cause the arrest of suspected persons and bring them 
before a justice for trial. He has the proceedings of the in- 
quest, including the testimony of witnesses and the verdict of 
the jury, reduced to writing. These matters are all reported 
by him to the clerk of the district court. 

DISPOSAL OF DEAD BODIES.— If there be legal repre- 
sentatives of the deceased, the body is turned over to them ; if 
not, the coroner takes charge of the burial. If any personal 
property of the deceased is discovered, it is applied to defray- 
ing the funeral expenses ; otherwise the county funds are used 
for that purpose. 

A justice of the peace can act as coroner when there is not 
a regularly elected coroner in the county. 

SALARY. — A coroner receives $4 a day for holding in- 
quests. For all services connected with inquests he is paid the 
same fees that the justice receives for like services ; for perform- 
ing all duties of the sheriff he is entitled to the same fees as the 
sheriff; he is allowed as traveling expenses ten cents per mile. 
COUNTY SURVEYOR. 

This official gives a $1000 bond. 

DUTIES. — He must make surveys at the request of the 
district or probate court, the board of county commissioners, an 
individual owner of land, or his representative. He may be re- 
quired by the commissioners to make a record of his surveys, 
the same to be filed in the county clerk's office. Such a record 



83 CIVIL GOVERNMENT IN OKLAHOMA. 

is competent evidence in any court. 

Surveys must be according to the regular system of United 
States land surveys. The surveyor is required to follow the 
original survey, observing the "ancient landmarks." He may 
swear chainmen and witnesses testifying to corner stones and 
other landmarks. 

He must make all surveys for pubic works, such as bridges, 
culverts, roads, ditches, etc. He may be required to superin- 
tend the construction of such works, and report to the county 
commissioners thereon. 

In the establishment of boundary lines all interested parties 
are notified. Parties not satisfied with a survey have thirty 
days in which to appeal to the district court of the county. 
If no appeal is taken the survey stands. If the case is appealed 
the judge decides the matter. 

SALARY. — The county surveyor is paid $5 per day for 
"field work," that is, making surveys. For making records or 
copies he is paid certain fees. The parties for whom the work 
is done must pay the surveyor. 

COUNTY WEIGHER. 
The bond required of this official is $1000. His office is at 
the county seat. His books are open to all interested parties. 
DUTIES. — It is his duty to inspect and weigh, according 
to the standard weights of the United States, all cotton, grain 
of every kind, live stock, and all other commodities sold by 
weight, record their condition, and furnish certificates of 
weight to all parties applying for such weights. 

For standard weights and measures in Oklahoma see Ap- 
pendix E. 

This officer furnishes his own scales, office, and all blank 
books and other supplies. His scales must be inspected quar- 
terly by the sheriff. It is the weigher's duty to report any at- 



THE COUNTY. 84 

tempt by the seller to dishonestly increase by any artifice the 
weight of his commodity. Such dishonest seller may be fined 
from $25 to $75. Failure to report such dishonesty subjects the 
weigher to removal from office. 

SALARY. — The weigher is paid in fees, ten cents for each 
weigh. Unpaid fees constitute a lien upon the property 
weighed, and the lien follows the property in all transfers. 
Fines for false weights, or non-performance of duties, range 
from $25 to $30, and the offender may be removed from office. 

Some counties do not have a county weigher. 
COUNTY SUPERINTENDENT. 

The county superintendent is required to take oath and 
give a $1000 bond. His term begins on the first Monday of July 
following his election. He may employ an assistant at his own 
expense. 

SPECIAL QUALIFICATION.— No one can be a county su- 
perintendent unless he holds a first class certificate, or is a 
graduate of some institution of learning. 

DUTIES. — It is his duty to divide the county into con- 
venient school districts ; but he can not change the boundaries 
of any district unless one-third of the voters of such district so 
petition, and such a matter can be carried over the superin- 
tendent's decision to the county commissioners by a petition of 
one-fourth of the voters ; to fill vacancies in boards of directors ; 
to act as chairman of the county board to examine teachers ; to 
visit each school at least once during each term ; to have over- 
sight of discipline, classification, and instruction ; to make sug- 
gestions in writing to the district board regarding the condition 
of the school house, furniture, etc. ; to examine records of school 
officials to see that they are properly kept; to encourage 
teachers' meetings; to personally hold a public meeting in each 
district once a year ; to hold institutes yearly ; to keep his office 



85 CIVIL GOVERNMENT IN OKLAHOMA. 

open Saturdays, and, in counties where his salary is $720, he 
must keep his office open on all days when he is not necessarily 
absent in the discharge of his duties; to keep a record of all 
candidates for certificates, and of all teachers employed in his 
county; to report to the territorial superintendent in October 
of each year full particulars regarding the schools, institutes, 
and all other school matters, and his work in connection there- 
with; ten days before the annual school meeting to procure 
of the county clerk and report to each school district clerk the 
total assessed valuation of property in his district; monthly 
and at the close of the institute to transmit to the county treas- 
urer all moneys received with an itemized account of the same ; 
to apportion all school money received from the Territory and 
from the county tax among the various districts of the county 
according to the number of persons of school age in each; to 
assist in establishing county uniformity of text books. (See 
discussion later on). 

SALARY. — The salary of the county superintendent de- 
pends upon the population of school age in his county, that is, 
of persons between the ages of six and twenty-one years. AYhen 
the population of school age ranges from 1000 to 1500 his salary 
is $480 a year ; when it is 1500 his salary is $600 ; and beyond 
that for each additional one hundred of school population, his 
salary is increased $18. Where the school population is less 
than loOO, he receives $3.60 a day ior not to exceed one hundred 
days in a year. No county superintendent is to receive over 
A200 a year as salary. 

As the county superintendent does not have charge of the 
schools of the cities, the population of school age in the cities is 
not counted in determining his salary. 

Teachers' Certificates. 

In each county there is a board of three examiners. The 



THE COUNTY. 86 

superintendent is chairman of this board. The other two mem- 
bers, who must have the same qualifications as the superin- 
tendent, are nominated by the superintendent and appointed 
by the county commissioners, to serve until their successors are 
appointed, and receive $3 a day for not more than five days' 
service in one quarter of a year. Teachers' examinations are 
held four times a year, the last Friday and Saturday of Janu- 
ary, April, and October, and at the close of the normal institute. 
County teachers' certificates are of three grades, according to 
the following table: 



Teachers' Certificates. 





P 
P* 
1° 


i" 

o 

O 


Subjects in which Teachers 
are Examined. 


o 

X 

a pt 
i£ 

s*a 
p. 5 

00. 


O 

P 

2. 

P.* 

P* 

o 
p 


ft 

<J 

aj era. 
g A 
£.00. 
h l 
p P 

A P* 
O » 

P 1 

1. 


0* 
V<« ft 

* B 
p p. 



n P* 

0-3 

* S 

B 

oo 

p 
p. 

ft 


CO 
00. 

•-i 
p 

P» 


p 
w 


Orthography, Reading, Writ- 
ing, English Grammar, Com- 
position, Geography, Arithme- 
tic, United States History,Book- 
keeping, Physiology and Hy- 
giene, Theory and Practice, 
Civics and Natural Philosophy. 


tO 

• B 
o 


to 

o 

VI 

o 
p 
►1 

CO 


VO 

o 

o 
a 




© 

►d 
ft 

*-i 

o 
ft 




tO 

P- 
00. 

P 
P. 


to 

p 
w 


All of the above branches ex- 
cept Book-keeping and Natural 
Philosophy. 


B 
p 


00 

VJ 

CO 


CO 

o 

o 
ft 




o 

T3 

ft 

H 

o 
ft 




u> 

cu 

00. 

P 
P* 


p 
^1 


The same as for second grade 
except Civics. 


2 
o 


ON 
Vj 
CO 


o 

ft 
o 

ft 



en 
O 

ft 

•-s 
o 
ft 







A third grade certificate can 
not ha. issued more than twice 
to the same person. 











An applicant is denied a certificate if his grade in any one 
subject falls below the minimum. 



THE COUNTY. 88 

An applicant is denied a certificate if his grade in any 
one subject falls below the minimum. 

Only a first-class certificate is good in a county where it 
was not issued, and then only upon endorsement by the super- 
intendent of that county. 

A fee of one dollar is charged all applicants for certificates. 
Normal Institutes. 

Every year the county superintendent holds a teachers' in- 
stitute of at least two weeks. Directors and instructors of in- 
stitutes must hold special certificates granted by the territorial 
board of education. 

County Uniformity of Text Books. 

Provisions may be made for county uniformity of text 
books. Voters may signify their desire for county uniformity 
at an annual school meeting. When a majority of the districts 
so notify the county superintendent, this official calls for dele- 
gates to be elected, in each district and incorporated town to 
meet with him to assist in adopting texts to be used throughout 
the county. Such texts can not be changed again for five years. 
The Territorial Superintendent of Public Instruction contracts 
at the lowest wholesale price for texts thus adopted. Under 
this system text books may be cheaper, and families moving 
from one district to another would not be forced to the expense 
of getting new books. 

Separate Schools. 

The law provides for the establishment and maintenance 
of separate schools for white and colored children in ail coun- 
ties to be supported by a county tax. 

County High School. 

Each county containing six thousand inhabitants or over 
may establish a county high school. The question is decided 
by popular vote. If a majority of the votes cast are in favor 



89 CIVIL GOVERNMENT IN OKLAHOMA. 

of such a school, the county commissioners appoint a board of 
six trustees. The county superintendent is ex-officio a member 
and the president of this board. This board of trustees arrange 
for the establishment and for the general management of the 
school. Tuition is free to residents of the county. The gradu- 
ates from the normal course are qualified for teaching, or for 
entering upon professional courses at the territorial normal 
schools, and the collegiate course prepares for the freshman 
class of the Territorial University, or the Agricultural and 
Mechanical College. Logan county has established a county 
high school at Guthrie. The high school proposition was voted 
down in Kay, Cleveland, and Garfield counties. 

COUNTY SCHOOL FUND. 

Besides the money raised in each district for the support of 
its schools, there is a county school fund. This fund for the 
support of the common schools in the county is raised by a 
county tax of not to exceed one per cent, and by fines, sales of 
estrays, marriage license fees, and money paid for release from 
military duty. This fund is apportioned among the various dis- 
tricts of the county according to the school population. 

LEGAL HOLIDAYS. 

Sunday, January 1st, February 22, July 4, December 25, 
May 30, general election day, and all days appointed by the 
President or Governor for public fasting and thanksgiving, are 
legal holidays. If New Year's Day, Christmas, Fourth of July, 
or Lincoln 's Birthday falls on Sunday, the following Monday is 
a holiday. 

The Friday following the second Monday in March of each 
year is Arbor Day in Oklahoma. The law requires the authori- 
ties of the public schools to celebrate this day with appropriate 
exercises. 



THE COUNTY. 90 

PROBATE JUDGE. 

DUTIES AND POWERS. — The word probate comes from 
the Latin word which means proof, and has reference to proof 
of wills. This is a very appropriate title for this judge, as his 
powers and duties pertain chiefly to his jurisdiction over estates 
of deceased persons. He sees that such property goes to the 
persons lawfully entitled to it; takes proof of wills and author- 
izes executors and administrators to act in managing and dis- 
posing of property of deceased persons; he may remove an 
executor or administrator who does not do his duty; compel 
executors, administrators and guardians to render accounts ; 
appoint and remove guardians for infants, and for persons in- 
sane or otherwise incompetent, and control the conduct of such 
guardians and settle their accounts. 

Wills : Executors. — While living a man may make a will in 
which he states what he wishes done with his property after his 
death. Almost any disposition of property may be made by 
will. This will must be signed by the maker and two witnesses 
in the presence of each other. This will does not take effect 
until the death of the maker, and then not until it is presented 
to the probate court and admitted to proof. The two witnesses 
who signed the will are called by the Probate Judge to testify 
regarding the will. It must be shown to the satisfaction of the 
Judge that the will is the last, true, and voluntary will of the 
deceased ; that the deceased signed his own name or authorized 
some one else to sign it for him, that he was of sound mind, and 
that he was under no restraint. The will is then recorded, and 
the Judge appoints an executor to settle up the business of the 
estate, by first paying the debts of the deceased, and then turn- 
ing the remainder of the property over to those named in the 
will. The deceased may have mentioned in his will whom he 
wished to act as executor, but this appointment must be ap- 



91 CIVIL GOVERNMENT IN OKLAHOMA. 

proved by the Probate Judge before he has authority to act as 
executor. 

No Will: Administrator.— When a man dies leaving no will 
the Probate Judge appoints an administrator to settle the estate 
and dispose of the property according to law. First, his debts 
must be paid, and then the remainder of the property is divided 
among the wife and children. If there be left a widow and one 
child, the property is divided equally between them; if there 
be a widow and more than one child, the widow is given one- 
third and the remainder is divided equally among the children ; 
if there be no widow but children, the property is divided 
equally among them ; if there be left a widow but no children, 
she is allowed one-half of the estate and the other half goes to 
the nearest relation of the deceased, beginning with his father, 
mother, then brothers and sisters, etc. ; if simply a widow sur- 
vives with no near kin, she gets the whole estate ; if there be left 
no widow nor children of the deceased, then the property is 
divided among the nearest kindred; if the deceased leaves no 
kindred the property goes to the Territory for the support of 
the common schools. 

Guardians. — When a minor or insane person has property 
of his own the law provides for the appointment of some mature 
person to take charge of it for him. The person whose property 
is thus controlled is called the ward. In many cases the ap- 
pointment is made by the Probate Judge. Such guardian is 
under control of the Judge. The Judge may require him to 
give an account of his management of the property, and for 
just cause the Judge may dismiss him entirely. The property 
must be managed for the interests of the ward. The minor 
upon becoming of age, or an insane ward upon becoming sane, 
has the right to have control of his own property. 

JURISDICTION IN CIVIL AND CRIMINAL CASES.— 



THE COUNTY. 92 

The Probate Judge has concurrent jurisdiction with the justice 
of the peace in all cases (See Justice of the Peace in chapter 
on Township), and the same jurisdiction as the District Court 
in civil cases where the amount involved does not excceed 
$1000. (See chapter on District Court). 

Juries for Probate and Justice of the Peace Courts: How 

Chosen. 

Criminal Cases. — A criminal trial before a Probate Judge, 
or Justice of the Peace, is without jury, unless before the trial 
begins the plaintiff or the defendant demands a jury. If a jury 
trial is demanded six men are selected as follows : The Judge, 
or Justice, writes the names of eighteen persons in the county 
qualified as jurors (See chapter on Jurors), and from this list 
the defendant and plaintiff strike a name each by turns until 
there are but six remaining. These six men constitute the jury.. 
A jury thus selected is sometimes called a ' ' stricken jury. ' ' 

Civil Cases. — In a civil case the parties may agree upon a 
less number than six for a jury. 

BOND.— The Probate Judge must give a bond of $5000.. 

SALABY. — For presiding at trials this Judge receives two 
dollars per day after the first day of the trial. He receives a 
commission on certain moneys collected, and fees for certain 
other services. From the fees collected, he may retain as salary 
$1000 a year in counties of not more than 10,000 inhabitants; 
$1200 in counties of from 10,000 to 18,000 ; and $1600 in coun- 
ties of over 18,000 inhabitants. When the property valuation 
is equal to that of counties of from 10,000 to 15,000 inhabitants, 
then the compensation of the Judge is the same as that of such 
counties. In addition to the above, the Probate Judge may re- 
tain out of the fees of his office for clerk hire from $120 to $300, 
according to the population of the county. 



93 CIVIL GOVERNMENT IN OKLAHOMA. 

COUNTY COMMISSIONERS. 

Each county is divided into three districts. At each gen- 
eral election one commissioner is elected for each district to 
serve a term of two years. The commissioners take office on 
the first Tuesday of January followng election. 

QUALIFICATIONS. — No one can be commissioner who 
holds any other political office or is in any way connected with 
a railroad. 

BOND. — The bond required of each cojinty commissioner 
is from $1000 to $5000, according to the discretion -of the pro- 
bate judge. 

SEAL. — The commissioners must provide a seal for the 
county clerk to be used by him as the county seal to stamp all 
papers required sealing by law. 

SESSIONS. — The board must hold regular quarterly ses- 
sions the first Monday in January, April, July, and October in 
each year. On the first Monday in June of each year the com- 
missioners meet for the purpose of equalizing the assessments 
between the townships and cities of the county. Besides the 
regular sessions the county clerk has power to call special ses- 
sions. At special or adjourned sessions the only accounts that 
can be considered are those of election expenses and jury fees. 
All other claims must be considered at a quarterly session. All 
sessions of this board are open to the public and held at the 
county seat. 

CHAIRMAN OF THE BOARD.— The commissioners elect 
one of their number at the first meeting of each year to act as 
chairman. 

PASSING ON ACCOUNTS.— Accounts presented to the 
county commissioners must be sworn to, itemized, and filed with 
the county clerk five days before the meeting of the board, and 
such accounts are subject to pubic inspection. The board of 



THE COUNTY. 94 

commissioners may reject a part or the whole of any claim. 

POWERS AND DUTIES OF THE CHAIRMAN.— The. 
chairman presides at the meetings, administers an oath to per- 
sons making affidavits to the board, and signs all orders and 
warrants drawn on the county treasury by the board. He pre- 
serves order at the sittings of the board and may enforce same 
by fines or imprisonment. 

ACCOUNT WITH COUNTY TREASURER.— The commis- 
sioners must keep an accurate account with the county treasur- 
er showing all amounts received by him and all amounts paid 
out by him. 

RECORDS.— Records must be kept by the county clerk of 
all orders and decisions made by this board. 

WARRANT BOOK.— In a separate book a record is kept 
by the county clerk of all warrants drawn by the commissioners 
on the county treasurer. 

Only eighty per cent of a tax levy is subject to warrants. 
This is true of the general levy and also of any special levy. 
POWERS OF THE BOARD. — This board has power : 

I. To sell county lands, but if the value exceeds $5000 the 
sale must be sanctioned by a majority of the voters of the coun- 
ty before sale can be made. 

II. To levy taxes to pay county debts. (See Appendix D). 

III. To audit accounts of all county officers. 

IV. To build and repair bridges over twenty feet in 
length; to lay out highways, condemn and purchase right of 
way where it is not practicable to follow the section line. 

The county rate of general road and bridge tax shall not 
exceed six mills on the dollar; but in addition there may be 
levied a special bridge tax of four mills. One half of the in- 
come from liquor licenses goes into the county road and bridge 



95 CIVIL GOVERNMENT IN OKLAHOMA. 

fund. 

Bridges costing over $25 are built by contract, the contract 
being let to the responsible person making the lowest sealed bid. 
The county surveyor estimates the cost of such bridges before a 
contract is let. Bridges over streams between two counties are 
built at the joint expense of the two counties. 

V. To establish election precincts one or more in each 
township. 

VI. To provide books out of county funds for all county 
and township officers. 

VII. To equalize assessment rolls of the county. 

VIII. To organize townships. 

IX. To locate indemnity school lands. 

A financial report of the county must be published by the 
board the first Monday in January of each year. 

Extraordinary Expenditures. — Any outlay of money which 
cannot be provided for by the annual taxes must be sanctioned 
by the voters. 

HOW WARRANTS ARE ISSUED.— " All warrants upon 
the county treasurer shall be issued upon the order of the board 
of county commissioners, signed by the chairman thereof and 
attested by the signature of the county clerk, with the county 
seal attached, and shall designate the fund upon which they 
are drawn." 

COURT HOUSE, JAIL, OFFICES, ETC.— The commission- 
ers must provide for a court room, jail, and offices with suitable 
furniture, safes, and office supplies for the following named 
officers : 

Sheriff, Treasurer, Register of Deeds, County Attorney, 
County Clerk, Superintendent of Public Instruction, and Judge 
of Probate. The court must also be provided with attendants, 
fuel, lights, and stationery suitable and sufficient for the trans- 



THE COUNTY. 96 

action of court business. 

APPEAL FROM COMMISSIONERS' DECISION.— Any 

person aggrieved by a decision of the county commissioners can 
have an appeal within twenty days to the district court by filing 
a suitable bond for cost with the county clerk. 

OFFICERS TO ACCOUNT TO THE COMMISSIONERS.— 
"All Treasurers, Sheriffs, Clerks, Constables, and other officers 
chargeable with money belonging to the county shall render 
their accounts to, and settle with the county commissioners at 
the time required by law, and pay into the county treasury any 
balance which may be due the county, take duplicate receipts 
therefor, and deposit one of the same with the county clerk 
within five days thereafter. ' ' 

PUBLISH PROCEEDINGS.— It is the duty of the com- 
missioners to publish a full report of each meeting as soon 
thereafter as practicable. This report is to be prepared by the 
county clerk. 

BONDS CANNOT ISSUE.— Bonds for the purpose of 
erecting court houses and jails cannot be issued to an amount, 
which, together with the outstanding indebtedness, would ex- 
ceed four per cent of the assessed valuation of the taxable 
property in the county. Such bonds when properly issued can- 
not be sold for less than ninety-five cents on the dollar. Inter- 
est cannot exceed seven per cent. The bonds must be paid in 
ten equal annual payments, to begin in eleven years or in 
twenty-one years. 

SALARY. — The commissioners receive in counties of 10,000 
inhabitants or less, $180 per year ; in counties of from 10,000 to 
13,000 inhabitants, $200 ; in counties of from 13,000 to 16,000 
inhabitants, $250 ; in counties of from 16,000 to 20,000 inhabi- 
tants, $300; and in counties of more than 20,000 inhabitants, 



97 CIVIL GOVERNMENT IN OKLAHOMA. 

$350. 

They also receive five cents per mile for all travel neces- 
sary in attending board meetings. 

For overseeing bridge work county commissioners receive 
$3 per day in addition to other compensation allowed by law. 
COUNTY BOARD OF HEALTH. 

This board is composed of three persons: (1) A legally 
qualified physician appointed by the Superintendent of the 
Territorial Board of Health, who shall be Superintendent of the 
County Board of Health; (2) The chairman of the Board of 
County Commissioners; (3) and a legally qualified physician 
appointed by the Board of County Commissioners. 

"The Superintendent of the County Board of Health shall 
have power to abolish nuisances that are dangerous to the pub- 
lic health, to isolate persons afflicted with dangerous or con«- 
tagious diseases, and to do such other things with the approval 
of the board as may be deemed necessary for the preservation 
of the public health." 

The Superintendent of the County Board of Health is paid 
for expenses and fees not to exceed $100 per annum. 

THE COUNTY COMMISSION OF INSANITY. 

This board consists of the probate judge and two other per- 
sons appointed by the county commissioners, — a physician and 
a lawyer. Persons thought to be insane may be brought before 
this commission. If adjudged insane, arrangements may be 
made to care for the patient in private, or he may be sent to 
the territorial sanitarium at Norman. (See chapter on the 
Insane.) 

COUNTY CAEE OF THE POOR. 

Though we are prosperous as a nation, there are persons 
scattered throughout the country who are unable to provide 




l.«f: 



THE COUNTY. 100 

themselves with the necessaries of life. 

In the United States as a whole, one pers >n in every 652 
inhabitants is supported partly or wholly by the public. In 
some sections of the country the townships or cities look after 
the poor, but in Oklahoma the indigent poor are entirely a 
county charge. 

The county commissioners are Overseers of the Poor. They 
may grant temporary or permanent relief to residents of the 
county who are unable to secure their own necessities. One ac- 
quires a "residence'' in the meaning of this law by living six 
months in a county. If not a resident the pauper is sent to the 
county from which he came. Some are able to provide for their 
needs during the summer season but come to want in the win- 
ter. Such are given temporary aid by the county. Others need 
to be provided for the year round. If there be no poor farm, 
or poor house, or asylum, in the county, the Overseers of the 
Poor contract for their care in private homes. Upon a petition 
of one-fourth of the voters, the county commissioners may pro- 
vide a permanent home for the poor where all may be cared for 
under the management of the Superintendent of the County 
Asylum, who, besides board for his family, may receive not 
more than $600 a year as salary. 

The inmates of this asylum may be required to do whatever 
work they are able to do. 

A tax of one-half mill may be levied for the support of the 
poor in the county. 



CHAPTER VIII. 



THE LEGISLATURE. 

The supreme legislative power of the Territory is vested in 
the Governor ard the Territorial Legislature. The Legislature 
consists of a Counail of thirteen members, and a House of Rep- 
resentatives of twenty-six members. 

QUALIFICATIONS OF MEMBERS.— Age twenty-one; 
male citizen of the United States; resident of Oklahoma one 
year, of his district six months, and must never have been 
convicted of felony. 

Not Eligible. — No person holding a United States office, or 
a lucrative Territorial office, or interested in a contract with, or 
holding an unadjusted claim against the Territory, shall be 
eligible to a seat in the Legislature. 

ELECTION.— The districts for the election of Legislators 
are designated by law. (See diagram on accompanying page). 



103 CIVIL GOVERNMENT IN OKLAHOMA. 

The Councilmen and Representatives are elected for a term of 
two years at the general election every even numbered year, 
and take office the following January. 

SESSIONS. — The Legislature meets once in two years. 
The regular session of the Legislative Assembly commences at 
2 o'clock P. M. of the second Tuesday of January following the 
election. By the Organic Act the regular sessions are limited 
to sixty days. 

ORGANIZATION OF THE COUNCIL AND HOUSE.— 
Upon first assembling any member may call the body to order. 
Next, a temporary Chairman and Clerk are elected. Then cer- 
tificates of election are enrolled with the Clerk. Each house is 
sole judge of the election and qualifications of its members ; and 
makes rules to regulate its own proceedings, but restrictions 
are placed upon making any rules which will take the control 
out of the hands of the majority. Members are sworn in by 
the Territorial Secretary, or one of the Supreme Judges, and 
then the permanent organization takes place. The presiding 
officer of each house is selected from the membership ; the other 
officers are not members. 

OFFICERS OF COUNCIL AND HOUSE.— The officers of 
the Council are :. President ; n hief Clerk ; Engrossing Clerk, who 
acts as Enrolling Clerk; Sergeant-at-Arms, who acts as Door- 
keeper; Messenger; Watchman; and Chaplain. The presiding 
officer of the House of Representatives is called Speaker, while 
the other officers are the same as in the Council. 

The United States laws provide for the payment of the 
above officers. Besides these each house has a large number of 
subordinate officers and employees, including committee clerks, 
assistant clerks, janitors, doorkeepers, pages, etc. The Vllth 
Legislative Assembly had about one hundred such employees. 
Subordinate officers may be employed by special act of the 



THE LEGISLATURE. 104 

Legislature and paid out of Territorial funds, but their term 
expires with the session, unless otherwise specified. 

PRESIDENT OF COUNCIL AND SPEAKER OF HOUSE. 

These officers perform the usual duties of Chairmen of such 
bodies. 

CHIEF CLERK'S DUTIES.— It is the duty of the Chief 
Clerk "to keep correct journals of the proceedings of their 
respective houses ; to have the custody of all records, accounts, 
bills, and other papers committed to them, ' ' and at the close of 
the session to deposit all documents with the Secretary of the 
Territory. The Chief Clerks have charge of the Engrossing 
Clerks. 

SERGEANT-AT-ARMS.— Each house has a Sergeant-at- 
Arms who acts under the direction of the presiding officer. He 
maintains order, supervises the doorkeeper, watchman, messen- 
ger, and janitors of his house, and serves subpoenas and makes 
arrests at the order of the chief officer of the house, or any com- 
mittee thereof. 

QUORUM. — "The majority of all the members elected to 
each house shall, in their respective houses, constitute a 
quorum. ' ' 

EXPULSION.— "Either house may, by a two-thirds vote, 
expel a member for good cause shown. ' ' 

POWER TO COMPEL WITNESSES.— The chief officer of 
either house when trying a member, or the Chairman of any 
committee, may compel the presence of any witness. A wit- 
ness refusing to testify is liable for punishment for contempt. 

MEMBERS FREE FROM ARREST.— A member of the 
Legislature can not be prosecuted for language used in debate, 
nor, while the Legislature is in session, can a member or officer 
of either house be compelled to attend any suit at law as wit- 



105 CIVIL GOVERNMENT IN OKLAHOMA. 

ness or defendant, nor can lie be arrested except for treason, 
''felony, or breach of the peace committed during the session." 

ADJOURNMENT.— "When assembled, neither house 
shall, without the consent of the other, adjourn to any other 
place, nor for a longer period than two days." 

EECOED. — Each house keeps a journal of its own proceed- 
ings. 

MAKING LAWS. 

COMMITTEES.— Much of the work of lawmaking is done 
bj r standing committees. At the organization of each house the 
members are placed on various committees, each committee 
having in charge a special class of bills. For instance, suppose 
a bill is introduced which proposes to change the existing bank- 
ing laws of the Territory. This bill would be referred to the 
Committee on Banking, and, after a thorough examination, if 
the committee thought wise they would report it to the House 
with the recommendation that it be passed. A bill unfavor- 
ably reported stands little chance of becoming a law. A large 
majority of the bills presented to legislative bodies "die in com- 
mittee," that is, they are referred to the appropriate committee, 
and for various reasons are never reported back to the Legis- 
lative bodies. 

It would be impossible for any Legislative body to properly 
consider and pass many wise laws without the preliminary 
work of the standing committees. 

PASSING BILLS. — A bill can contain but one subject, which 
must be clearly stated in the title. Every bill is required to be 
read before each house on three separate days, except in cases 
of emergency. Either house may amend a bill. On the final 
passage of the bill in each house, a yea and nay vote is recorded 
in the journal. A majority vote of all the members elected to 
each house is necessary to pass a bill or resolution. A bill hav- 



THE LEGISLATURE. 106 

ing passed both houses is signed ' ' by the President of the Coun- 
cil, and then by the Speaker of the House, in the presence of 
their respective houses while in session; each officer, before 
signing the bill, shall state to the house what bill it is." 

THE GOVERNOR'S PART IN LAW MAKING.— The bill 
is then sent to the Governor; it could not otherwise become a 
law. ' ' If he approves he shall sign it, but if not, he shall return 
it with his objections to the house in which it originated, which 
shall enter the objection at large upon their journal, and pro- 
cied to reconsider it. If after such reconsideration, two-thirds 
of the house shall agree to pass the bill, it shall be sent, together 
with the objections, to the other House, by which it shall like- 
wise be reconsidered, and if approved by two-thirds of that 
House it shall become a law. But in all such cases the vote of 
both houses shall be determined by yeas and nays, to be entered 
in the journal of each House respectively. If any bill shall not 
be returned by the Governor within five days (Sundays ex- 
cepted) after it shall have been presented to him, the same shall 
be a law in like manner as if he had signed it, unless the as- 
sembly, by adjournment, prevent its return, in which case it 
shall not be a law." Organic Act, Sec. 6. 

RESTRICTIONS UPON THE LEGISLATURE.— The 

United States statutes declare, ' ' in all cases where a general law 
can be made applicable, no special law shall be enacted in any 
of the territories of the United States by the Territorial Legis- 
lature thereof." The Territorial Legislature can not change 
the location of a county seat. 

' ' The Legislative Assemblies of the several territories shall 
not grant private charters or special privileges, but they may 
by general incorporation acts, permit persons to associate them- 
selves together as bodies corporate for mining," and various 



107 CIVIL GOVERNMENT IN OKLAHOMA. 

other enterprises. 

' ' That no law of any Territorial Legislature shall authorize 
any debt to be contracted by, or on behalf of, such Territory, 
except in the following cases: To meet a casual deficit in the 
revenues ; to pay the interest upon the Territorial debt ; to sup- 
press insurrection, or to provide for the public defense ; except 
that in addition to any indebtedness created for such purposes, 
the Legislature may authorize a loan for the erection of penal, 
charitable or educational institutions for such Territory, if the 
total indebtedness of the Territory is not thereby made to ex- 
ceed one per centum upon the assessed valuation of the taxable 
property in such territory as shown by the last general assess- 
ment for taxation." U. S. Statutes. 

TERRITORIAL LAWS SUBJECT TO REPEAL BY CON- 
GRESS. — All laws passed by Territorial Legislatures are sub- 
ject to revision or repeal by the Congress of the United States. 

PAY OF OUR LEGISLATORS.— The Organic Act provides 
the following pay for Legislators : Four dollars per day during 
their attendance at sessions, and mileage at the rate of twenty 
cents per mile by the nearest route going to the Legislature and 
returning home. 



CHAPTER IX. 



THE TERRITORIAL GOVERNMENT. 

The territorial government, like the government of the 
United States and of the separate states, consists of three de- 
partments : the executive, legislative, and judicial departments. 
All the members of the executive branch are appointed: the 
governor, the secretary, the United States marshal and the 
United States attorney are selected by the President of the 
United States; the superintendent and auditor, the treasurer, 
the attorney general, and many minor officers of the Territory 
are selected by the governor. The members of the legislature 
are chosen by the people at the general election in even num- 
bered years. The seven judges constituting the supreme and 
district courts are appointed by the President of the United 
States. 

THE EXECUTIVE DEPARTMENT. 
THE GOVERNOR. 

The supreme executive power of the Territory is vested in 
the governor appointed by the President for a term of four 
years. The governor must reside in the Territory. It is his duty 
to take care that the laws of the Territory are faithfully exe- 
cuted. 

APPOINTING POWER.— The governor nominates, and by 
and with the advice and consent of the majority of the council, 



109 CIVIL GOVERNMENT IN OKLAHOMA. 

appoints and commissions all territorial officers. 

When the legislature is not in session vacancies in ap- 
pointive offices are filled by the governor alone, such appointees 
to remain in office until the next session of the legislature. Any 
appointive officer may be removed by the governor for suffi- 
cient cause. 

THE GOVERNOR'S PARDONING POWER.— The gover- 
nor may grant pardons for offenses against territorial laws, 
"and reprieves for offenses against the laws of the United 
States, until tire decision of the President can be made known 
thereon." 

MESSAGE. — At the opening of each session of the legisla- 
ture the governor sends a message to that body describing the 
condition of the territory, recommending such laws as he thinks 
wise, and giving an estimate of the running expenses of the 
territorial government for the next two years. 

The governor has power to call an extra session of the 
legislature when he deems it expedient. 

SIGNING BILLS.— Every bill passed by the legislature 
must be presented to the governor for his approval. If the 
governor approves the bill he signs it and it becomes a law. 
But a bill becomes a law without the governor's signature if he 
does not return it to the house in which it originated with his 
objections thereto, within five days, or, if after being so re- 
turned, it passes both houses by a two-thirds majority. 

The governor's office is at the capital of the territory, 
where he keeps a record of all his official acts. 

The governor is commander-in-chief of the militia of the 
territory. 

For the capture of criminals he may offer a reward not to 
exceed $500. 

"The governor shall in all cases issue a proclamation, giv- 



THE EXECUTIVE DEPARTMENT. 110 

ing thirty days' notice of the time and places of holding elec- 
tions, for the purpose of choosing a delegate to congress, and 
members of the territorial legislature, and for choosing county 
and township officers, and cause same to be published in a news- 
paper published in each county in the territory. ' ' 

"The governor may, from time to time, require informa- 
tion in writing from executive officers of the Territory on any 
subject relating to the duties of their respective offices." 

SALARY. — Out of the treasury of the United States the 
governor is paid a salary of $2600 annually, and the legislature 
of 1903 appropriated for clerk hire and other contingent ex- 
penses, $2600 a year for the years 1903 and 1901. 

THE TERRITORIAL SECRETARY. 

As in the case of the Governor, the Territorial Secretary is 
appointed by the President for a term of four years, and is re- 
quired to reside in the Territory. He is ex-officio Commissioner 
of Insurance. 

As Secretary it is his duty to keep a record of all laws and 
proceedings of the Legislature, "and all acts and proceedings 
of the Governor and his executive department;" to report 
yearly to the Secretary of the Interior ; and to transmit a copy 
of the laws and proceedings of the legislature, within thirty 
days after the adjournment thereof, to each the President and 
Secretary of the Interior, and two copies to each branch of 
Congress. 

The Secretary is also Lieutenant Governor, for the Organic 
Act provides that he shall act as Governor in case of absence, 
removal, or disability of that officer. Many other duties of the 
Secretary are mentioned in the statutes in connection with 
other subjects. 

Commissioner of Insurance. — There are many fire and life 



Ill CIVIL GOVERNMENT IN OKLAHOMA. 

insurance companies assuming risks in the Territory, and prac- 
tically everybody is more or less affected by their operations. 
Hence it is very important that they be required to do business 
on safe and just principles. The Commissioner of Insurance 
supervises the enforcement of the laws regulating fire and life 
insurance companies in the Territory. He must make a quar- 
terly report to the Auditor of the Territory of all fees collected 
or charged, and, after retaining one-fourth of his salary, he 
must pay the balance into the Treasury of the Territory. For 
the quarter ending June 30, 1904, the fees collected in this 
office amounted to $3,856.25. Over $2000 of this amount was 
collected for issuing charters to 105 corporations. 

SALARY.— The salary of this official is $3000 per year: 
he is paid $1800 a year by the United States as Secretary: 
$1200 a year as Commissioner of Insurance by the Territory. 
The Territorial Legislature of 1903 allowed him $1000 per an- 
num for contingent expenses as Secretary, and $1800 per an- 
num for clerk hire as Commissioner of Insurance. 

SUPERINTENDENT AND AUDITOR. 

The Territorial Superintendent is appointed by the Gov- 
ernor for a term of two years. He must take an oath of office 
and give a bond of $5000 for the faithful discharge of his duties. 
It will be remembered that this officer is also Territorial Au- 
ditor, and must give a like bond as Auditor. 

DUTIES. — He has general supervision of the educational 
interests of the Territory. He apportions among the counties 
according to the school population the money collected for the 
support of the public schools twice a year, — between the 15th 
and last of January and July respectively. The amount set 
aside for each county is in the proportion that its school popu- 
lation, that is, children over the age of six years and under the 



THE EXECUTIVE DEPARTMENT. 112 

age of twenty-one, bears to the school population of the entire 
Territory. 

To Interpret School Laws. — Upon the written request of 
any county or city Superintendent, it is also his duty to inter- 
pret the school laws regarding the duties of school officers and 
superintendents. He may publish the school laws with decis- 
ions thereon, comments, etc., once in two years. He is required 
to prepare all school blanks in order to promote uniformity. 
In the interest of education he must visit each county at least 
once a year. His office is at the capital of the Territory, where 
are kept all records, reports, etc., belonging to his office. 

His Report. — The Superintendent shall report to the Gov- 
ernor on the first day of December preceding each regular 
session of the Legislature : 

First. The number and different kinds of schools, subjects 
taught, and the attendance at each. 

Second. "A statement of the condition of the public 
school funds of the Territory." 

Third. The receipts and expenditures of money for school 
purposes." 

Fourth. Suggestions for the improvement of public 
schools. 

£ee The Territorial Board of Education in Chapter XIV. 

See Chapter XX for an account of Territorial support of 
schools. 

TERRITORIAL AUDITOR'S DUTIES.— The Superintend- 
ent of Public Instruction holds the office of Territorial Auditor 
ex-officio. 

issttes Warrants. — The Auditor examines and adjusts all 
lawful claims against the Territory and . issues ^wan-ants, or 
orders, on the Territorial Treasurer for their payment. 

Records. — He makes careful and full record of all war- 



113 CIVIL GOVERNMENT IN OKLAHOMA. 

rants issued, and keeps on file all warrants paid and returned 
to him by the Territorial Treasurer. A separate account with 
each fund must be kept. 

Reports. — He prepares a report yearly, on or before De- 
cember 15th, for the Governor, and a biennial report for the 
Legislature before it meets in regular session. This report 
must show: 1. Warrants drawn. 2. Warrants paid. 3. Bal- 
ance in each fund. 4. Suggestions on Territorial finances. 

His books must be open to the inspection of the Legisla- 
tors. It is his duty to inform the County Clerks of newly tax- 
able lands in their counties; to instruct the Assessors and 
Treasurers concerning the uniformity of assessments, collec- 
tion of taxes, etc. Under certain conditions he may correct 
errors in taxes. He is required to direct the County Clerk to 
take legal proceedings against any delinquent revenue officer 
in his county. He must swear those testifying concerning ac- 
counts presented to him for payment. 

SALARY. — His salary as Superintendent of Public In- 
struction and Territorial Auditor is $1800, payable quarterly. 
The law allows him for Deputy Auditor, $1200; for sten- 
ographer, $600 ; for traveling expenses, $100 ; for contingent ex- 
penses, $2200. 

TERRITORIAL TREASURER. 

The Treasurer is appointed by the Governor for a term of 
two years. He must be a resident and legal voter of the Terri- 
tory and furnish a $50,000 bond. The Treasurer has custody 
of all public money paid into the Territorial Treasury, and he 
must keep an account of all receipts and expenditures. A sep- 
arate account is kept w^th each county, Territorial ^assessments 
being debited, and payments by the count v. ere.djted^JEJe^aJso 
makes a full record -of -all -warrants -paid, and dates warrants 
for interest when funds are not on hand to pay same : and calls 



THE EXECUTIVE DEPARTMENT. 114 

in interest-bearing warrants when funds are available to pay 
them. Thirty days after such a call interest stops. 

Reports. — On the last of March, June, September, and No- 
vember he turns over paid warrants to the Territorial Auditor 
for cancellation, and takes a receipt therefor. 

He submits reports to the Governor and to the Legislature 
the same as the Auditor. 

Examinations. — Either branch of the Legislature, or a com- 
mittee appointed for that purpose by the Legislature, or by the 
Governor, may examine any books or accounts, and count the 
cash in the hands of the Treasurer. 

The Treasurer is not allowed to buy any warrants redeem- 
able at the treasury at less than face value. 

He must make good losses caused by neglecting to call the 
delinquent to account. 

SALARY. — The Treasurer receives for his services $1800 
a year, payable quarterly ; for clerk hire, $480 ; for contingent 
expenses, $600 ; for expenses in securing bond, $400. 

ATTORNEY GENERAL. 

The Atiorney General must be a resident and legal voter 
of the Territory. He is appointed for a term of two years by 
the Governor with the consent of a majority of the Legislative 
Council. His office is furnished by the Territory. 

For the faithful discharge of his duties he is required to 
take oath and give bond for $3000. 

Duties. — It is the duty of the Attorney General to repre- 
sent the Territory in all civil and criminal cases. He conducts 
cases in connection with the various executive offices of Gov- 
ernor, Auditor, and Treasurer; gives official advice to the 
County Attorneys, free written opinions on points of law upon 
request by the Legislature, Governor, Auditor, Treasurer, or 



115 CIVIL GOVERNMENT IN OKLAHOMA. 

Superintendent of Public Instruction ; assists certain officers in 
the preparation of legal forms; turns over promptly to the 
Territorial Treasurer all money received officially ; and keeps a 
docket of cases, that is, in a book provided by the Territory, 
he keeps a complete record of all cases defended or prosecuted 
in behalf of the Territory. 

SALARY. — His compensation is $1800 a year, payable 
quarterly ; he is allowed for salary of assistant, $1000 ; for con- 
tingent expenses, $1000. 



Other Officers and their duties are discussed in a separate 
chapter entitled Minor Officers of the Territory. 

For a list of Territorial Officers see Appendix E. 



DELEGATE TO CONGRESS. 

At each biennial election a Delegate to Congress is chosen, 
who holds office for two years. His term begins March 4 fol- 
lowing the general election. He is elected by a plurality vote, 
that is, not necessarily a majority of all the votes cast, but sim- 
ply more votes than are cast for any other candidate. 

Qualifications. — Twenty-five years of age; citizen of the 
United States seven years; and a resident of Oklahoma. 

He represents the interests of the Territory in the lower 
house of Congress and may speak on all questions pertaining 
to the Territory, but has no vote. 

SALARY.— $5000 annually, and 20 cents per mile for 
every mile necessarily traveled in going to and returning from 
sessions of Congress. 




r*. 



,r; 



"_!^Si\>c;>;:'s;iy:-\. 

pi 





-1 



ieAj1«Sit|i If" 







#& 

^V; 









\M r Si ' : Sdililjii 






£* 



CHAPTER X. 



THE JUDICIAL DEPARTMENT. 
INTRODUCTION.— One of the chief objects of government 
is to maintain justice between man and man. The Legislative 
department announces rules for the guidance of men in their 
civil relations, directing them to do certain things and forbid- 
ding the doing of certain other things. These rules, or laws, 
are founded upon justice. But, through ignorance or disregard 
for the right of others, these civil rules are often violated. 
Whenever a question arises as to whether a law has been 
actually violated, or as to how much harm has been done by 
breaking a rule of society and who should pay the damage, it is 
the business of the courts to inquire into the matter, determine 
the facts in the case and explain the law pertaining to the case. 
But to start the machinery of the court to work it is necessary 
that complaint be properly made by the person suffering from 
the violation of the law. The person making the complaint to 
the court is called the plaintiff, and the person against whom 
the complaint is made and who endeavors to defend himself is 
called the defendant.. It is a maxim of American law, that 
every man is presumed innocent until he is proven to be guilty. 
The Constitution of the United States guarantees to every man 
a fair trial before he can be punished by being deprived of his 
life, liberty or property. To guard this most sacred American 
privilege, the courts are conducted according to an elaborate 



119 CIVIL GOVERNMENT IN OKLAHOMA. 

set of rules, known as ' ' rules of procedure. ' ' There is consider- 
able ' ' red tape ' ' required in conducting suits at law, and some- 
times the guilty escape because of it; but it is better that a 
dozen guilty persons escape punishment than that one innocent 
person suffers unjustly. 

OIVIL CASES. — Cases may be civil or criminal. . Offenses 
against individuals, — disputes over conflicting rights of individ- 
uals, contract rights, the collection of debts, or in general, cases 
in which private individuals are concerned almost exclusively, 
— are called civil cases. 

CRIMES: FELONIES AND MISDEMEANORS.— Wrongs 
against society, that is, offenses against life, liberty, property, 
health, — such as murder, arson and burglar}', — are always called 
crimes. Crimes also include offenses against the government 
which endanger the public peace and welfare. Or, we may de- 
fine a crime by describing how it is punished. The statutes of 
Oklahoma state that a crime is an offense which is punishable 
by death, imprisonment, fine, removal from office or disqualifi- 
cation to hold and enjoy any office of honor, trust, or profit 
under this Territory. 

Crimes are divided into two classes : The most serious of- 
fenses are called felonies ; and the minor offenses are called mis- 
demeanors. A felony is a crime punishable by death or im- 
prisonment in the Territorial prison. A misdemeanor is any 
other crime. 

TERRITORIAL COURTS.— The Organic Act provides 
"that the judicial power of the Territory shall be vested in a 
Supreme Court, District Courts, Probate Courts, and Justices of 
the Peace. ' ' 

THE SUPREME COURT.— The Supreme Court consists of 
a Chief Justice and six Associate Justices, appointed by the 
President of the United States and confirmed by the Senate. 



THE JUDICIAL DEPARTMENT. 120 

' ' They shall hold their offices for four years, or until their suc- 
cessors are appointed and quaified." The salary of each justice 
is $4000 a year, payable quarterly out of the treasury of the 
United States. 

TERMS OF SUPREME COURT.— Each year there are two 
regular terms of the Supreme Court held at Guthrie. The first 
six days of each term are given to Federal cases. 

JURISDICTION.— " The Supreme and District Courts, re- 
spectively, shall possess chancery as well as common law juris- 
diction, and authority for redress of all wrongs, committed 
against the constitution or laws of the United States or of the 
Territory, affecting persons or property." 

A "chancery," or "equity," case is one in which the law 
can not be directly applied, but which must be decided accord- 
ing to principles of justice. 

The Supreme and District Courts may grant writs of man- 
damus and habeas corpus in all cases authorized by law. By a 
"writ of mandamus" an official is commanded to do, or not to 
do, certain things. By a writ of "habeas corpus" a prisoner, 
without awaiting due course of trial, is given an op- 
portunity to immediately show why he should be given his 
libei ly. This is one of our highly valued civil rights. 

A majority of the justices must concur in an opinion to 
make an opinion binding. 

Xo Justice of the Supreme Court can sit on an appealed case 
decided by him in the District court, or wherein he has any in- 
terest. The Supreme Court appoints its own Clerk, who holds 
office at the pleasure of the court. 

There are no jury trials in the Supreme Court. 

SUPREME COURT CASES APPEALED.— Cases may be 
appealed from the Supreme Court of the Territory to the Su- 
preme Court of the United States in the same manner and under 



121 CIVIL GOVERNMENT IN OKLAHOMA. 

the same regulations as from the Circuit Courts of the United 
States, where the value of the property or the amount in con- 
troversy exceeds $5000. 

DISTRICT COURTS. 

The Supreme Court divides the Territory into seven Judi- 
cial Districts, and fixes a time and place at each county seat 
for holding District Court, and designates the Judge (one of the 
Justices of the Supreme Court) who shall preside therein. 
Each Judge, after assignment, shall reside in the district to 
which he is assigned. "The Territory not embraced in organ- 
ized counties shall be attached for judicial purposes to such 
organized county or counties as the Supreme Court may de- 
termine. ' ' 

Each District Court appoints its own clerk and stenograph- 
er, to hold at the pleasure of the court. 

TERMS. — There are two regular terms of court each year 
in each county. 

JURISDICTION.— This court tries cases appealed from the 
Probate Court ; it has concurrent jurisdiction with the Supreme 
Court, that is, it has jurisdiction in the same class of cases ; and 
the same jurisdiction as the Circuit and District Courts of the 
United States. 

The first six days of each term are devoted to the trial of 
Federal cases, that is, cases involving violations of the constitu- 
tion or laws of the United States. 

All offenses are triable in the county where committed, but 
a change of venue may be had to another county. It would work 
hardship on the defendant to take him to a distant court for 
trial. The expenses of defense would be greatly increased, and 
malicious prosecution might be thus encouraged. But some 
times a judge may be prejudiced, or it may be difficult to get 



THE JUDICIAL DEPARTMENT. 122 

an impartial jury in one county. In such cases a change of 
venue may be had, that is, the case may be taken to the adjoin- 
ing county for trial. 

This court has jurisdiction in cases arising between Indians 
of different tribes. None of the courts have jurisdiction over 
difficulties between Indians of a tribe while maintaining tribal 
relations. 

APPEALS. — Any case may be appealed from the final de- 
cision of the District Court to the Supreme Court of the Terri- 
tory. But many cases are settled in the District Court, thus re- 
lieving the Supreme Court of much work. Only one Judge 
passes upon each case in a District Court, but when a case is ap- 
pealed to the Supreme Court, several justices must agree upon 
the decision, thus increasing the weight of legal authority. 

Trial in the District Court is without jury unless the parties 
to the suit demand a jury. For an account of the selection of 
juries see Chapter XVI. 

For list of Judicial Districts and Judges see Appendix G. 
UNITED STATES ATTORNEY. 

This officer is appointed by the President for a term of 
four years. He must be learned in the law. It is his duty to 
conduct prosecutions against violators of the laws of the 
United States within the Territory. Besides a salary of $250 a 
year the laws allow payment of fees for certain services. 
UNITED STATES MARSHAL. 

The United States Marshal is, also, appointed by the Presi- 
dent for a term of four years. This officer serves all orders is- 
sued by the higher courts of the Territory. He may arrest 
criminals anywhere in the Territory, but preliminary trial must 
be held before a U. S. Court Commissioner, or a Justice of the 
Peace, whose office is nearest to the place of the crime. All of- 



123 



CIVIL GOVERNMENT IN OKLAHOMA. 



f enses are triable in the county where committed, but change of 
venue may be had to another county. This officer receives a 
salary of $200 a year and certain fees allowed by law. 



Outline of the Three Departments of Government in Oklahoma. 



I. — Legis- 
lative. 



{Legislative (Council 
Assembly. ( House 



2. County Commissioners 



Make general laws for 
the Territory and pro- 
vide for support of ter- 
ritorial institutions. 

f Manage local public 
affairs, establish local 
^institutions and provide 
for the support of local 
^government. 

(Make laws for govern- 
ment of Town, and pro- 
vides for support of 
Town government. 



3. Township Trustees 



4. School Board 



II. — Exec- 
utive. 




Governor. 

Secretary. 

Sup't of Public In- 
struction and Auditor. 

Treasurer. 

U. S. Marshal. 

U. S. Attorney. 

Attorney General. 

Many minor officers 
appointed by the Gov- 
ernor. 



Board of County 
Commissioners. 

Treasurer. 

Register of Deeds. 

Clerk. 

County Attorney. 

Sheriff. Coroner. 

Surveyor. Weigher. 

Superintendent. 

Board of Health. 

Commission of In- 
>. sanity. 



3. Township ^ 



Road Supervisors. 
Trustees: Clerk, 
Treasurer, 
Assessor. Justices. 
Constables. 



4. School District 



Director. 

Clerk. 

Treasurer. 




Mayor. Clerk. 
Treasurer. Attorney. 
Assessor. Marshal. 
Street Commissioner. 
Council. 
Appointive Officers. 





1. 


Supreme Court. 


III.— Judi- 


2. 


District Courts. 


cial. 


3. 


Probate Courts. 




4. 


Justice's and Police Courts. 



CHAPTER XI. 



ELECTIONS: NOMINATIONS. 

THE IMPORTANCE OF THE BALLOT.— Intelligent vot- 
ing is the most important political activity of a self-governing 
people. By means of the ballot the people select from among 
themselves those who are to make the laws, enforce the laws, 
and explain the laws. By the ballot the voters often express 
their wishes regarding some public question. The : officers who 
do not carry out the will of the people are replaced at subse- 
quent elections by those who will do so. Thus in the hands of 
the common people the free ballot is an instrument of great 
power. If the voters are intelligent and highly moral we may 
expect a popular government to be the best government known 
among men. As in the case of an individual, intelligent self- 
control is better by far than outward restraint applied by 
others, so in the case of a nation intelligent self-government is 
the highest type of political government and will result in the 
most perfect justice between man and man and promote to the 
highest degree the general welfare. 

THE VALUE OF POLITICAL PARTIES.— Political or- 
ganizations are an essential part of the machinery of a free gov- 
ernment, for they conduct the discussions on public questions 
and generally nominate all the candidates for the public of- 
fices. A full discussion of public questions fosters the intelli- 
gence of the voters. Political parties define their positions on 



ELECTIONS: NOMINATIONS. 126 

the various questions of the day in platforms adopted at their 
conventions. And the candidates for office need to be named 
sometime before election in order that their character and 
ability may become well known to the voters. These candi- 
dates are generally selected at conventions, but sometimes by 
petition. Each party uses practically the same methods of call- 
ing and conducting conventions. 

NOMINATION BY POLITICAL PARTIES. 

COMMITTEES.— Every party has a full set of committees ; 
that is, there is a separate committee for each division am! sub- 
division of the Territory and corresponding to each set of offi- 
cers to be elected, — a Territorial Committee, composed of mem- 
bers selected at the previous Territorial convention ; a County 
Central Committee for each county, made up of the local com- 
mitteemen throughout the county: and a local committeeman 
in each township of the rural districts, and one in each town, 
or village, or city ward. 

The Territorial Committee meets, selects a chairman for 
the ensuing year, and issues a call for the Territorial conven- 
tion; then the County Central Committee assemble, each elects 
its chairman for the next year, and calls the county convention ; 
and last the local committeeman for each township, town, or 
city ward calls his primary. 

THE PRIMARY.— The primary is the first gathering of 
voters to nominate candidates for office. The local committeeman 
calls the primary to order : They next organize by selecting a 
permanent Chairman, a Secretary, and two or more Tellers. 
The Chairman presides at the meeting; the Secretary keeps a 
record of the business done ; and the Tellers collect and count 
the votes. The work of the primary is threefold. 

1. The officers are nominated for the township, town, or 



127 CIVIL GOVERNMENT IN OKLAHOMA. 

city ward, as the case may be. 

2. Delegates to the county convention are selected, eac' 
precinct being allowed a number of delegates proportionate t 
its party vote at the last election. The delegates are given cei 
tificates signed by the Chairman and Secretary of the primary 
showing that they have the right to sit in the county conver 
tion. 

3. There is elected a local committeeman, who thus be 
comes a member of the County Central Committee. 

In order to vote at a primary one needs to be a legal vote 
of that precinct and agree to support the candidates nominate! 
at the primary. 

If this primary convention is simply to nominate loca 
officers, it is generally called a "caucus." 

COUNTY CONVENTIONS.— The work of the county cor 
vention is very similar to that of the primary. The delegate 
from the local primaries meet in county convention; the conver 
tion is called to order by the county Chairman ; they organize 
nominate county officers ; nominate representatives to the Tei 
ritorial Legislature, if the county be a representative district 
and select the allotted number of delegates to the Territoria 
convention. 

Eighteen representative districts consist of one count; 
each ; four consist of less than a county each, and each of th 
four remaining districts comprise one whole county and a pari 
or a whole, of one or more other counties. 

Sometimes a special convention, known as a delegate con 
vention, is called in the county for the purpose of electing dele 
gates to the Territorial convention, which meets to nominat 
a Territorial delegate to Congress and Presidential delegates t< 
the national convention. 

PRIMARY ELECTIONS.— In some cases the county ofiS 



ELECTIONS: NOMINATIONS. 128 

cers are nominated at what are called "primary elections." In- 
stead of electing delegates to the county nominating conven- 
tion, each voter in the precinct at the primary takes part in 
naming the county ticket. He votes direct for his favorite can- 
didate for each office. The primary elections are conducted 
very largely on the plan of a regular election. The votes are 
canvassed by the County Committee. The candidates receiving 
the largest vote for the various offices are declared nominated. 

Each political party in the county decides for itself 
whether its county officers shall be nominated by conventions 
or primary elections. 

DISTRICT CONVENTIONS.— Since there are thirteen 
Councilmen, the Territory is divided into thirteen districts with 
as equal population as possible. The delegates selected by the 
primaries of each district meet at the time and place agreed 
upon to name the candidate for the Territorial Council. 

Most of the Council districts are composed of two counties. 

TERRITORIAL CONVENTIONS.— These conventions 
meet in even numbered years. They are composed of the dele- 
gates selected by the counties, or representative districts, each 
district being entitled to a number of delegates proportionate 
to its party vote at the last general election. At this convention 
a party platform is adopted, which sets forth the position of 
the party on the leading political question in the Territory and 
nation, and once in two years nominates a delegate to Congress, 
and once in four years delegates to the national Presidential 
convention. The Republican and Democratic Territorial con- 
ventions each sent six delegates to the Presidential conventions 
in 1904. 

NOMINATION BY PETITION. 

It sometimes happens that voters wish to disregard party 



129 CIVIL GOVERNMENT IN OKLAHOMA. 

lines and place in nomination men who have special qualifica- 
tions for certain offices. It is often desirable in local elections 
especially to leave political questions out of consideration en- 
tirely, and pick out the best men to manage public affairs. The 
law provides for nominations in cases of this kind. Qualified 
voters may place candidates in nomination as follows: The pe- 
tition must be prepared stating "the name and residence of the 
candidate, that he is legally qualified to hold such office, and 
that the subscribers desire and are legally qualified to vote for 
such candidate. " " The signatures of such petition need not be 
appended to one paper, but no petitioner shall be counted ex- 
cept his residence and post-office address be designated." To 
nominate a Territorial officer, 500 petitioners are required; to 
nominate a delegate to congress, 200 petitioners; to nominate 
a county officer or a member of the general assembly, 25 peti- 
tioners ; to nominate an officer for any division less than a coun- 
ty, 20 petitioners. 

Such petition must be filed with the proper officer in ex- 
actly the same manner as certificates of nomination made by 
conventions of political parties. See the discussion on the topic 
Election Board of County Commissioners in the next chapter. 



CHAPTER XII. 



ELECTIONS: VOTING. 

THE GENERAL ELECTION.— "General elections for the 
purpose of electing delegates to Congress, members of the Leg- 
islative Assembly, and all county, township, and district officers 
shall be held on the Tuesday succeeding the first Monday in 
November, 1900, and biennially thereafter." 

QUALIFICATIONS OF ELECTORS.— "The term 'quali- 
fied electors' within the meaning of this act, shall include the 
male persons of the age of twenty-one years or upward belong- 
ing to either cf the following classes, who have resided in the 
Territory for a period of six months, in the township sixty days 
and in the voting precinct thirty days next preceding any elec- 
tion. : 

First, citizens of the United States ; second, persons of for- 
eign birth who "have declared their intentions to become citi- 
zens, have sworn to support the constitution of the United 
States, and have resided in the United States one year before 
election ; third, citizens of Indian descent, not members of any 
tribe." 

VOTING PRECINCTS: ELECTION BOARDS— The 

County Commissioners divide the county into voting precincts, 
containing, as nearly as practicable, two hundred electors! 
Each elector is allowed to vote only in his own precinct. Two 



133 CIVIL GOVERNMENT IN OKLAHOMA. 

electors, known as Judges of Election, and the Trustee, known 
&s Inspector, constitute the Election Board in each precinct. 
*The two electors represent the two leading political parties 
and are generally selected and appointed by the township 
Trustee, but each may be selected by the Chairman of the 
County Central Committee of his party. 

POLL CLERKS.— Two Poll Clerks, or Clerks of Election, 
one from each of the political parties, are appointed by the 
Election Board. 

Poll books and special forms for election returns, etc., are 
furnished by the County Clerk. 

Each member of the Election Board is under oath to per- 
form his duties as assigned by law, to give no information as 
to how any person voted, that he has been during the whole 
year preceding the election a citizen and resident of the town- 
ship, that he has no bet on the election, and that neither he nor 
any close relative is a candidate at that election. The Poll 
Clerk takes an oath of secrecy. 

BALLOT BOX. — There are two ballot boxes for each pre- 
cinct, one red and the other white. The ballots for Territorial 
officials are printed on red tinted paper and are placed in the 
red ballot box, while the local ballots are printed on white 
paper and are placed in the white ballot box. There are two 
locks of different combinations on each box : one key for each 
box is kept by the Inspector, and the other keys are kept one 
by each of the Election Judges representing different political 
parties. Ordinarily the polls open at eight o'clock in the fore- 
noon and close at four o'clock in the afternoon, excepting in 
cities and corporated towns having a population of one thou- 
sand or more, where the polls are opened at six in the morning 
and closed at six in the evening. 

TERRITORIAL BOARD OF ELECTION COMMISSION- 



ELECTIONS: VOTING. 134 

ERS. — This board consists of the Governor and two qualified 
electors, one from each leading political party, appointed by 
him. Prom the certificates of nomination of Territorial officers 
filed with the Governor, this board prepares and distributes 
ballots and stamps to be used in voting for Territorial officers. 
To allow this board ample time for its work, nominations must 
be filed with the Governor not more than sixty days nor less 
than twenty days before the election. 

The Territorial Legislature of 1903 appropriated $1000 to 
pay for election supplies for the year 1904, and to pay for 
publishing the Governor's election proclamation, $500. 

THE COUNTY BOARD OF ELECTION COMMISSION- 
ERS. — This board consists of the County Clerk and two quali- 
fied electors by him appointed, one from each of the two lead- 
ing political parties. This board prepares and distributes the 
county ballots. The law allows no pay for this work. 

Candidates are generally placed in nomination by conven- 
tions of those parties that cast one per cent or more of the total 
vote of the Territory at the last general election. These nomin- 
ations are certified to the county Board of Election Commis- 
sioners, not more than sixty days nor less than fifteen days be- 
fore election, by the Chairman and Secretary of the convention, 
or of the party committee. A candidate may also be placed in 
nomination by the required number of petitioners. 

Each party can nominate but one candidate for any office. 

When any question is to be submitted to the popular vote 
of the Territory, the Territorial Secretary notifies the various 
County Clerks of the fact at least thirty days before such elec- 
tion. ... .,.,.- 

THE BALLOTS.— The ballots of all political parties are. 
printed upon exactly the same kind of, paper. The Territorial 
ballots are not distributed by mail. Each County Clerk,-or his 



135 CIVIL GOVERNMENT IN OKLAHOMA. 

deputy, must appear in person at the office of the Governor not 
more than fourteen days nor less than ten days prior to the 
general election to receive from the Territorial Board of Elec- 
tion Commissioners the Territorial ballots, which are put up in 
sealed packages, one package for each precinct, containing 
about three ballots for each voter. These ballots, together with 
stamps and ink pads, are furnished at the Territorial expense. 

INSPECTORS.— Each Election Inspector, or, if he cannot 
attend, some other member of the Election Board, goes in per- 
son to the office of the County Clerk to get the tickets for his 
precinct. As a further precaution against the use of illegal 
ballots, the Election Clerks sign their initials on the back of 
the ballot at the lower left-hand corner. 

CARDS OF INSTRUCTION TO VOTERS.— To assist 
voters in casting their ballots and also to caution them against 
violating the law designed to secure secret and independent 
voting, numerous printed cards of instruction are posted in 
each polling place. 

REGISTRATION IN CITIES OF THE FIRST-CLASS.— 
In a city of the first class it is the duty of the City Clerk to 
keep his office open for registration of voters, for 30 days, com- 
mencing 40 days before any general or special Territorial or 
city election. The name, age, ward, and number of residence 
of each voter are registered. The Election Board of each ward 
is furnished by the City Clerk with a list of the voters in his 
ward, that only those who are legally qualified may be allowed 
to vote. \ . ,. , . 

ELECTION ROOMS.— The County Commissioners provide, 
at the county expense, an election room for each precinct. In 
this room the Election Board is inclosed by a railing, and there 
are at leasttaft&ta&tiis^^^ a'shelf for marking bal- 

lots. No election can be held in a saloon. Each voter enters 



ELECTIONS: VOTING. 136 

the election room through a chute fifty feet long. This chute 
passes the inclosure occupied by the Board of Election. Any 
voter may be challenged, that is, be required to make affidavit 
as to his legal right to vote. Each party organization has a 
right to be represented by a challenger and a poll book holder 
The law requires that every laborer or employee be given four 
hours on election day in which to vote. 

MANNER OF VOTING.— After giving his name to the 
Poll Clerk the voter is handed a Territorial ballot and a local 
ballot. When necessary, the Judge of Election directs the 
Clerks to inform the voter as to the manner of voting, or, by 
the consent of the majority of the board, two men of different 
political views may be called upon to assist him in voting. A 
voter is not allowed to remain in the booth more than five min- 
utes. If he unintentionally spoils a ballot, he returns it to the 
Clerk and gets another one. If he wishes to vote the whole 
ticket of any particular party, it is necessary simply to place 
a cross in the square opposite the party emblem. But if he 
wishes to vote a mixed ticket, that is, for nominees of different 
political parties, he places a cross in the square opposite the 
name of each candidate whom he favors. He then folds the 
ballots separately in such a manner that none of the printing 
shows, and hands them to the Inspector, who, in view of the 
whole Election Board, deposits the red ballot in the red ballot 
box and the white ballot in the white ballot box, while the 
Poll Clerk writes opposite the voter's name the word "voted." 

So strict is the law in its requirements for secrecy, that, if 
a voter shows any part of his ballot, he loses the right to vote 
at all. No one is allowed under penalty to take from the elec- 
tion room any ballots or stamps used in marking the same. 
Only one person is allowed in the election booth at a time, and 
aside from the election officers only three persons are allowed 



137 CIVIL GOVERNMENT IN OKLAHOMA. 

in the election room at the same time. It is illegal to hold con- 
versation in the election room, except with the election officers. 
No electioneering is permissible within fifty feet of the voting 
place. 

COUNTING THE BALLOTS.— The ballots not used are 
counted, the number recorded, and then they are burned. The 
election officers then proceed to canvass the ballots cast, that is, 
to count the votes for the various candidates. The Territorial 
ballots are counted first, and then the local ballots. Any ballot 
which has not the initials of the Election Clerks on the back, 
is not counted. A ballot is considered "mutilated" if the 
Judges cannot agree as to how it should be voted. A memo- 
j Andum of the total vote cast for each candidate is kept by each 
member of the Election Board. Mutilated ballots are sealed 
up in one paper bag and counted ballots in another. These 
packages, together with affidavits, poll books, and ballot boxes 
are returned to the County Clerk, who preserves the ballots 
for one year, that they may be used in case of a contest over 
the election. 

Severe penalties are pronounced against election frauds of 
any kind, for violating any of the requirements of the election 
law, or for trying to induce any one to violate his duty in any 
way in connection with the election. 

It is illegal for any one to mark his ballot in any way so as 
to give a clew as to how he votes. An effort is thus made to 
secure independence in voting, and to discourage vote buying. 

Township and county elections are conducted in the same 
manner as the general election. In the case of a town or city 
election the officers perform the various duties prescribed for 
the county officers in whose stead they act. 

All election days shall be legal holidays throughout the dis- 



ELECTIONS: VOTING. 138 

trict or municipality in which the election is held. 

COUNTY CANVASSING BOARD.— The County Clerk aiid 
Commissioners constitute the County Canvassing Board. They 
meet on Friday following the election for the purpose of can- 
vassing the county vote. In case of tie in the election of a 
county officer the Commissioners decide by lot which of the two 
candidates is elected. A certificate of election is made out for 
each county and township officer elected. An abstract of the 
vote cast for Territorial officers is sent to the Secretary of the 
Territory. 

TERRITORIAL CANVASSING BOARD.— The Territorial 
Canvassing Board consists of the Governor, Secretary, Auditor, 
Treasurer, and Attorney General, or any three of them. This 
board meets on the Monday preceding the last Wednesday of 
November. In case of tie the board decides the election by 
lot. A certificate of election is forwarded to each successful 
candidate. A list of the elected members is presented by the 
Territorial Secretary to each house at the opening of the Leg- 
islative Assembly. 



CHAPTER XIII. 



MINOR TERRITORIAL OFFICERS AND THEIR DUTIES. 

The Adjutant General is appointed and commissioned by 
the Governor. Under the supervision of the Governor, who is 
Commander-in-Chief, he has active management of the Oklaho- 
ma National Guard, being: ex-officio Quartermaster General, 
Chief of Ordnance, Paymaster General, and Commissary Gen- 
eral. His salary is $1000 a year ; allowance for office expenses, 
$800 ; for armory rent, etc., $1500 a year. 

The Bank Commissioner is the executive officer in the en- 
forcement of the banking laws of the Territory, issuing charters 
to new banks, and examining the financial condition of state 
banks throughout the Territory from time to time. He is al- 
lowed a salary of $1800 a year ; for an assistant, $1000 a year ; 
and for contingent and traveling expenses not to exceed $600 
per year. See topic Banks in Chapter XVI. 

The Game and Fish Warden is empowered to enforce the 
laws enacted by the Legislature for the protection and preser- 
vation of wild game and fish in Oklahoma. He has power to 
appoint a deputy game and fish warden in each county to assist 
in the enforcement of game and fish laws. He is paid in fees, 
$5 for a prosecution in a Justice Court, $12.50 for each prose- 
cution in a District Court. 

The Territorial Grain Inspector and his deputies inspect 
and grade grain at various elevators and shipping points 






MINOR TERRITORIAL OFFICERS. 140 

throughout Oklahoma. They receive a fee of 40c per car for 
inspection. This has tended to improve the quality of the grain 
raised, proving beneficial to the producer and shipper, and giv- 
ing Oklahoma wheat a better standing in the great markets. 
It is optional with the shippers whether or not they have their 
grain inspected in Oklahoma. 

Territorial Geologist.— The Professor of Geology of the 
University of Oklahoma is the Territorial Geologist. It is his 
duty to make a geological and scientific survey of the Territory 
for the purpose of discovering and developing its resources, — 
"minerals, stones, or natural substances useful in agriculture, 
manufacture, or the mechanical arts. ' ' 

This officer reports biennially to the Governor. His office 
is at the University of Oklahoma. He also has charge of the 
Geological Museum. He receives no salary as Territorial Geolo- 
gist, except $300 a year for making the geological survey of 
the Territory. 

Territorial Librarian. — This officer is appointed by the 
Board of Directors of the Territorial Library and receives a 
salary of $720 per annum. He is allowed an assistant who re- 
ceives the same salary. He is responsible for the proper care 
of the library, the safe keeping of the books ; makes purchases 
and exchanges for new books, etc. 

The Secretary of the Live Stock Sanitary Commission is 
appointed by the Governor to enforce laws designed to prevent 
the spread of disease among live stock. His salary is $1200 a 
year; for the pay of seven quarantine inspectors there is ap- 
propriated $3300; to meet the contingent expenses of these 
seven inspectors, $3400. See Live Stock Sanitary Commission 
in next chapter ; also Appendix K. 

Inspector of Oik.— Tie <M1 Inspector is appointed for- fi 
term of two years by the Governor at a salary of $1,500 a year. 



141 CIVIL GOVERNMENT IN OKLAHOMA. 

In addition to his salary he is allowed traveling expenses, but 
such expenses cannot exceed $600. He may appoint deputies 
at any points where there are tank stations. 

The inspectors examine and test the safety and quality of 
all oils to be used for " illumination, heating, or power pur- 
poses," manufactured or brought into the Territory for sale. 
The fee for testing ranges from ten cents to fifteen cents per 
barrel, and is paid by the owner of the oil. 

The result of enforcing this law has been to improve the 
quality of the oil sold in the Territory 

The Superintendent of Public Health is one of the board of 
three physicians appointed by the Governor to execute the laws 
for the protection of public health and the regulation of the 
practice of medicine. His salary is $800 a year, with additional 
allowances for clerk hire, $200; for contingent expenses, $500. 
See Board of Health in Chapter XIV. 

The Secretary of the School Land Board is charged with 
the care of all records and moneys connected with the leasing 
of the school lands in Oklahoma. He is under bond. Acting 
under the supervision of the Board of School Land Commission- 
ers, he is the executive officer of the school land department, 
perhaps the most important branch of the executive department 
of the Territory. This officer has several assistants. The cleri- 
cal work of this department is very great. There are about 
8000 leases. As expressed in the Governor's report of 1900, "he 
has the handling of large sums of money, the executing and 
recording of thousands of leases, the custody of almost in- 
numerable notes, and the keeping up of a correspondence often 
reaching hundreds of letters a day." 






CHAPTER XIV. 



TERRITORIAL BOARDS AND THEIR DUTIES. 

The Territorial Board of Education. — This board is com- 
posed of five members, — the Territorial Superintendent, the 
Presidents of the Edmond Normal and the University, one City 
Superintendent and one County Superintendent, the latter two 
appointed by the Governor. 

Duties and Powers. — This board grants Territorial certi- 
ficates and diplomas to teachers, certificates to conductors and 
instructors of Normal Institutes, and prepares questions for 
county and city examinations, and prescribes a course of study 
for the common schools. 

This is the Territorial "Advisory Board on all matters per- 
taining to the educational interests of the Territory." The 
members of this board receive no salary, but all necessary ex- 
penses are paid. This board meets once a month on an average. 



The boards of regents of the various institutions of higher 
learning in Oklahoma have the general management of their 
several schools, hiring instructors, providing buildings and 
equipments, and regulating the courses of study. 

The Board of Education for the Normal Schools. — This 
board consists of the Territorial Superintendent and Treasurer, 
members ex-officio, and three other members appointed by the 
Governor and Council. This board has the management of the 



145 CIVIL GOVERNMENT IN OKLAHOMA. 

three normals of Edmond, Alva, and Weatherford, respectively. 

The Board of Regents for the University. — By and with the 
consent and -advice of the Council, the Governor appoints five 
members to act with himself as a board of control for the Ter- 
ritorial University at Norman. 

The Board of Regents for the University Preparatory 
School consists of the Governor, a member ex-officio, and three 
other persons appointed by the Governor with the consent of 
the Council. 

The Board of Regents cf tho Agricultural and Mechanical 
College at Stillwater is made up in the same manner as the 
board for the University. 

The Board of Regents for the Agricultural and Normal 
Unversity at Langston is composed of the Territorial Superin- 
tendent and Treasurer members ex-officio, and three members 
appointed by the Governor and Council. 



The Board of School Land Commissioners consists of the 
Governor, Secretary and Superintendent of Public Instruction. 
There is also a Secretary for this board, whose duties are very 
important. See preceding chapter. 

This board superintends the leasing of school lands, and the 
distribution of the proceeds among the schools of the Territory. 
See Chapter XV. 

The income from the school land amounts to over $1000 a 
day. For further discussion of the subject see Chapter XX. 

The Board of Directors of the Territorial Library consists 
of the Judges of the Supreme Court. It is their duty to man- 
age, supervise, and govern the Territorial Library, making 
rules for the regulation of the library and appointing a Librar- 
ian. 

The Territorial Board of Health.— Three legally qualified 



TERRITORIAL BOARDS. 146 

and practicing physicians are appointed by the Governor as a 
Board of Health, whose duty it is to regulate the practice of 
medicine in the Territory and guard the public health. 

This board must hold a meeting every three months, con- 
duct examinations and grant licenses for the practice of medi- 
cine, and to establish quarantine regulations, and "condemn 
and destroy impure and diseased articles of food offered or 
exposed for sale in the Territory." 

Persons practicing medicine without a Territorial license 
are liable to a fine of from $50 to $100, or imprisonment of from 
30 days to six months, or both such fine and imprisonment. 

The Superintendent of Health receives a regular salary of 
$800 a year, and the other two members of the board are paid 
fees, each receiving $2.50 for each applicant for license ex- 
amined, and not to exceed $100 per annum for traveling ex- 
penses. 

The Board of Pharmacy. — From a list of ten persons who 
have had at least ten years' experience in pharmacy and who 
are recommended by the Territorial Pharmaceutical Associa- 
tion, the Governor appoints a board of three. One is appointed 
each year for a term of three years. Once in three months 
they examine persons applyng for permits to practice phar- 
macy, to whom they issue certificates if sufficient competency is 
shown. It is also their duty to see that the laws regulating the 
practice of pharmacy are properly enforced throughout the 
Territory. They are paid $5 per day for actual services, and, 
in addition for legitimate expenses. 

The Board of Dental Examiners. — There are five members 
of this board. Only dentists with at least two years' experi- 
ence are eligible for appointment by the Governor on this 
board. This board is responsible for the execution of the 
laws regulating the practice of dentistry in Oklahoma. Every 



147 CIVIL GOVERNMENT IN OKLAHOMA. 

person examined in dentistry is charged a fee of $10. Each 
member of this board is paid at the rate of $3 per day, and rea- 
sonable contingent expenses in addition. Meetings must be 
held at least once each year. 

Live Stock Sanitary Commission. — This board, appointed 
by the Governor, consists of three members, two of whom must 
be cattlemen. One of the board is appointed as Secretary. 
Seven inspectors, one of whom must be a veterinarian, are ap- 
pointed by the board. It is the duty of this board to protect 
the live stock of Oklahoma, as far as practicable, from all con- 
tagious diseases, by maintaining quarantine lines and enforcing 
reasonable sanitary rules. The Legislature has established a 
quarantine line. Koughly speaking, we may say that this line, 
with slight exceptions, runs along the eastern and southern part 
of Oklahoma so as to exclude only Pottawatomie, Caddo, 
Kiowa, and Comanche counties from the rest of Oklahoma. 
Stock cannot be taken across this line without being inspected. 
Other temporary quarantine lines may be established at the 
discretion of the board. Owing to the strenuous exertions of 
this board diseases among live stock have been pretty well 
stamped out. See Appendix K. 

Territorial Board of Agriculture. — This board consists of 
six members besides the Governor. These six members are 
elected for a term of three years by delegates selected by the 
county institutes. The board organizes by electing a President, 
a Vice-President, and a Treasurer from its own members, and 
as Secretary a person who is not a member. The Secretary co- 
operates with the faculty of the Agricultural and Mechanical 
College in the preparation of programs for the Farmers' Insti- 
tutes, and attends the annual meeting of each county institute. 
The secretary must be a practical farmer and devote his entire 
time to the duties of his office. His salary is $1000 a year; and 



TERRITORIAL BOARDS. 148 

there is an allowance of $1800 a year for contingent expenses. 

It is the duty of this board to collect and publish informa- 
tion concerning the various lines of agriculture and to have 
supervision of the Farmers' Institutes. The board organizes 
each year on the first Monday in July. The annual meeting of 
the board begins on the second Tuesday in February. Delegates 
from the county institutes participate at these board meetings 
in the election of new members of the board. 

Members of the board receive $3 per day for attending to 
board duties, and three cents mileage. The delegates from the 
county institutes receive $2 per day for not more than three 
days, and three cents mileage for attending Territorial board 
meetings. 

In every county where there is a regularly organized Fair 
Association, the Commissioners are empowered to appropriate 
$500 yearly to be spent in paying premiums for exhibits of 
agricultural and horticultural products and live stock. 

Board of Railroad Assessors. — The Governor, Secretary, 
and Auditor determine the basis of taxation for the railroads, 
telephone, and telegraph companies. See chapter on Taxation. 

The Board of Canvassers. — The Governor, Secretary, At- 
torney General, Auditor, and Treasurer constitute the board to 
canvass the election returns from the various counties. See 
chapter on Elections. 

Board of Equalization. — The Territorial Board of Equaliza- 
tion consists of the Governor, Secretary, and Auditor. This 
board equalizes the assessments between the various counties 
of Oklahoma. See chapter on Taxation. 



CHAPTER XV. 



EDUCATIONAL, CHARITABLE AND PENAL 
INSTITUTIONS. 

There are seven institutions in Oklahoma supported at 
Territorial expense, namely, The Territorial University at Nor- 
man, The University Preparatory School at Tonkawa, The Ag- 
ricultural and Mechanical College at Stillwater, The Central 
Normal at Edmond, The Northwestern Normal at Alva, The 
Southwestern Normal at Weatherford, and The Colored Agr- 
cultural and Normal University at Langston. 

THE UNIVERSITY.— The Territorial University was es- 
tablished at Norman in 1892. The support fund is about 
$40,000 per annum. "The University organization consists of 
the following schools: College of Arts and Sciences, School of 
Medicine, School of Mines, School of Fine Arts, School of Phar- 
macy, and the Preparatory School. This institution is well 
equipped with seven buildings, a Carnegie library, and labora- 
tories furnished for various lines of special investigation. It 
has a faculty of 33 specialists. The enrollment for the year 
ending June 9, 1904, was 467. 

THE UNVERSITY PREPARATORY SCHOOL.— The Uni- 
versity Preparatory School opened at Tonkawa Sept. 8, 1902. 
This school costs the Territory about $17,000 yearly. Besides 
preparing for freshman standing in the Territorial University, 
the school aims to meet the various needs of all classes of sec- 






TERRITORIAL INSTITUTIONS. 152 

ondary students with the following courses : The regular pre- 
paratory, commercial, music, oratory and physical culture, art, 
sub-preparatory, and teachers' review. There is a faculty of 
14 teachers chosen with reference to their special fitness. The 
enrollment for the year ending June 10, 1904, was 401. 

THE AGRICULTURAL AND MECHANICAL COLLEGE. 

— The Territorial school for agriculture and mechanical arts 
was located at Stillwater Dec. 25, 1890. The annual income of 
the school is about $59,500. The three main courses are general 
science, agricultural, and mechanical engineering. A popular 
two years' course in domestic science is given, also. The build- 
ings cost about $100,000 ; their equipment for purposes of in- 
struction, about $80,000. There is a corps of well qualified in- 
structors. The Government maintains an agricultural experi- 
ment station at this college, which distributes 20,000 bulletins 
free to the farmers of Oklahoma and Indian Territory. The en- 
rollment during the year 1903-4 reached 417. 

THE CENTRAL NORMAL.— The Central Normal was lo- 
cated at Edmond in 1890. There are two large buildings con- 
taining 29 class rooms besides an assembly hall that will seat 
800, and numerous laboratories, etc. The support fund amounts 
to about $32,000 annually. ''The special function of the nor- 
mal school is to prepare young men and young women for the 
work of teaching." This result is accomplished by academic 
work, study of the child and the philosophy of teaching, and 
practice in the model school. A diploma from this institution 
is a five-year Territorial certificate for teaching. The faculty 
consists of 24 members. The enrollment for the year closing 
June, '03, was 758. 

THE NORTH WESTERN NORMAL.— The establishment 
of the Northwestern Normal at Alva was provided for by the 



153 CIVIL GOVERNMENT IN OKLAHOMA. 

Legislative Assembly of 1897. The purpose of this school is to 
instruct " persons in the art of teaching and in all the various 
branches pertaining to the public schools of Oklahoma Terri- 
tory." A large and beautiful building, well equipped with 
library, laboratories, class rooms, and an assembly hall with a 
seating capacity of 600, furnish accommodations for 24 teachers 
and between 600 and 700 students. The sum of $32,000 is spent 
yearly to maintain this school. Six courses are offered: Eng- 
lish, Latin, modern language, commercial, kindergarten, and 
music. A diploma from one of the first three courses is equiv- 
alent to a five-year Territorial certificate. 

THE SOUTHWESTERN NORMAL.— The rapid develop- 
ment of the southwestern part of the Territory and their grow- 
ing educational needs caused the act of the Legislature of 1901 
establishing The Southwestern Normal at Weatherford. They 
have a $52,000 building. The yearly allowance for the running 
expenses of this school is about $19,500. The various lines of 
work done here correspond quite closely to those of the other 
two normals. The school started with a faculty of 15 teachers, 
and the attendance during the first year, 1903-4, was very good. 

THE COLORED AGRICULTURAL AND NORMAL UNI- 
VERSITY. — This institution was established at Langston by 
the Legislature of 1897 to furnish instruction to colored persons 
in the art of teaching, in the higher branches, in the duties and 
rights of citizens, and in agricultural, mechanical and industrial 
arts. There are five buildings, — the main building, the mechan- 
ical building, two dormitories, and the President's residence. 
The library has 900 volumes. The tools, machinery, and equip- 
ment are worth $10,000. This school is furnished by the Terri- 
tory about $17,000 a year for running expenses. Attention is 
given to the mental, moral, and manual ' trainirigfof the stu- 
dents. Besides receiving instruction in agruculture, domestic 



TERRITORIAL INSTITUTIONS, ,_ y „ 154 

economy, machine work, i carpentry, and blacksmithing, the 
students care for their own dormitories and the grounds about 
the buildings, conduct the laundry, and perform all labor at the 
boarding departments. The school has 13 teachers. 271 stu- 
dents were enrolled in the year ending June, 1904. 

INDIAN SCHOOLS. 
THE UNITED STATES INDUSTRIAL SCHOOL AT 

CHILOCCO. — Some twenty years ago an industrial school for 
Indians was started at Chilocco. This school is managed by 
the United States government. It is today the best equipped 
agricultural school in the Indian service. There are 35 build- 
ings, many of them stone. The subjects taught are the com- 
mon branches, agriculture, dairying, domestic science, stock 
raising and poultry raising. This school aims to . do for the 
Indian youth what the agricultural colleges do for the white 
youth. Thirteen and one-half sections of land belong to the 
school. Two thousand acres are under plow. 

OTHER INDIAN SCHOOLS.— There are 14 Indian 
boarding schools with a total enrollment of 1577, maintained by 
the United States government, and eight industrial schools and 
academies maintained by several religious denominations. 
HISTORICAL SOCIETY. 

The Oklahoma Historical Society keeps its collections at 
the Territorial University. It is the object "of the society to 
collect books, maps, and other papers and materials illustrative 
of the history of Oklahoma in particular, and the West in gen- 
eral." 

Much material is obtained by exchanging with similar so- 
cieties elsewhere. The work of the society is under the man- 
agement of a Board of Directors. In 1895 there was appropri- 
ated for the use of this society $2000. The Legislature of 1903 



155 CIVIL GOVERNMENT IN OKLAHOMA. 

appropriated $1500 for the use of this society, and" provided 
that, when the Territorial capitol building is completed, "the 
headquarters of said society shall be located in said capitol 
building." 

TERRITORIAL LIBRARY. 

By the Territorial Legislature of 1893, a Territorial Library 
was located at Guthrie. It is maintained at Territorial expense. 
This library is controlled by a board consisting of the Judges 
of the Supreme Court. Though the law declares that "said li- 
brary shall consist of all law books, miscellaneous books, 
pamphlets, maps, charts, pictures, documents, and all other liter- 
ary matter now owned by said Territory, or which shall be 
hereafter acquired either by purchase, gift, exchange or other- 
wise, ' ' and it was evidently intended that it should be a general 
library ; yet, up to the present tme, it has been limited strictly 
to a law library. Although the library is open to the public 
daily, except Sundays and holidays, yet only the members of 
the Legislature, while that body is in session, members of the 
Supreme Court, officers of the Executive Department of the 
Territory, and attorneys appearing before the Supreme Court 
of the Territory, are allowed to take books from the library. 
The Librarian gives a bond of $10,000 and receives a sal- 
ary of $720 annually; for salary of deputy, $720; for contin- 
gent expenses of office, $850 ; for purchase of books yearly for 
the library, $1000. 

THE INSANE. 

In each county there is a Commission of Insanity consist- 
ing of the Probate Judge and two other persons appointed by 
the County Commissioners, — a physician and a lawyer. This 
commission examines persons brought before them on a charge 
of insanity. If adjudged insane the patient is cared for in 



TERRITORIAL INSTITUTIONS. 156 

private or at a public institution. Upon request being made to 
the commissioners, they may arrange for the keeping and car- 
ing of the insane within the county, but generally the insane of 
Oklahoma are taken care of at the Territorial expense. The 
Governor is empowered to contract "for the treatment, care 
and maintenance" of the Territory's insane. They are kept in 
a private sanitarium at Norman. On June 30th, 1904, there 
were 439 inmates at this hospital ; the cost of their care for the 
quarter preceding was $21,092.65. 

The United States gave Oklahoma Fort Supply Military 
Reservation to be used as a hospital for the insane of Oklahoma. 
The Legislature of '03 appropriated $15,000 to be expended in 
preparing, equipping Fort Supply, and transferring the pa- 
tients as soon as the place is furnished with railroad facilities. 
When the new asylum is established at this place it will be 
under the full charge of a Board of Trustees appointed by the 
Governor. 

PENITENTIARY. 

Oklahoma has no penitentiary. Her convicts are kept at 
Lansing in the Kansas State penitentiary. The Governor of 
Oklahoma makes a contract with the State of Kansas for their 
care and maintenance. This costs 40 cents a day for each 
prisoner. The number of Oklahoma convicts on June 30th, 
1904, was 369. 

JUVENILE OFFENDERS. 

A youth under sixteen years of age guilty of certain felonies 
is not sent to the penitentiary. At the discretion of the District 
Judge who tries him the youth may be "allowed his liberty, 
but must report to the Judge at each term of court and prove to 
his satisfaction, by witnesses, his good behavior." 



157 CIVIL GOVERNMENT IN OKLAHOMA. 

DEAF MUTES. 

The deaf mutes are taught and cared for at a private in- 
stitution in Guthrie, the Territory paying therefor at the rate 
of $275 a year for each scholar. June 30th, 1904, there were 
69 inmates in this institution. 



CHAPTER XVI. 



MISCELLANEOUS. 
JURIES. 

The Grand Jury. — The grand jury in Oklahoma consists 
of from twelve to sixteen men. This jury makes preliminary 
investigations into charges or complaints concerning violations 
of the law. Witnesses against the accused are examined in 
secret. The county prosecuting attorney is present to assist 
in this inquiry. If twelve jurors consider that the evidence 
is sufficient, an indictment is made out against the accused and 
the case is brought before the trial, or petit jury ; otherwise the 
matter is dismissed. 

The Petit Jury. — In all the higher courts the petit jury 
consists of twelve men, and in the justices' courts of six men. 
When the unqualified term "jury" is used we always under- 
stand a petit jury of twelve men. 

This is the jury before whom the case is actually tried. 
They hear the testimony on both sides and then give their 
decision, but the whole twelve must agree before a verdict can 
be rendered. One man can "hang a jury," that is, prevent a 
unanimous agreement and make a new trial before another 
jury necessary. If the jury renders a verdict "not guity," 
the accused is dismissed. If the verdict is "guilty," then the 
judge pronounces the penalty upon the accused. 

SELECTION OF JURORS.— At each general electon 350 



159 CIVIL GOVERNMENT IN OKLAHOMA. 

names of persons eligible as jurors in the county are selected 
by the judges of election. Each precinct sends its proportion- 
ate number to the county clerk. 

Qualifications. — In general, any legal voter is competent 
to serve as juror. But several classes of persons are disqual- 
ified for this service : Any one who has been engaged in a con- 
test within the five years previous can not act as grand or 
petit juror in any case of perjury to secure title to land from 
the United States. Neither can the following persons be 
jurors: Judges or clerks of the supreme or district courts, 
sheriffs, coroners, practicing attorneys, liquor dealers, drunk- 
ards, jailors, persons with disabling infirmities, or any one 
guilty of felony. 

The following are exempt, and need not serve if they ob- 
ject: Persons over sixty years of age, ministers, probate 
judges, county commissioners, registers of deeds, practicing 
physicians, teachers in public schools, postmasters, mail car- 
riers, members in good standing in any regularly organized 
fire company^ members of the national guard and pharmacists. 

Impaneling the Jury. — The names of the 350 persons qual- 
ified to act as jurors sent in by the election judges are written 
on separate slips of paper by the county clerk and locked in 
the "jury box." Within thirty days before the opening of 
the district court the names are drawn from this box to make 
up the grand and petit juries. The drawing is conducted by 
the clerk of the court, — the clerk of the court, the sheriff or one 
of his deputies, and the county clerk drawing by turns. The 
names first drawn constitute the grand jury, and the following 
the petit jury. Whenever necessary during a session of court 
a petit jury is drawn in the same manner. 

The Summom. — The sheriff, deputy sheriff, or coroner 
may summons the jurors to appear at the proper time and place 



BANKS. 160 

of holding court. A failure .to obey- a summons is contempt 
of court and punishable by a fine of from $5 to $20; a second 
contempt subjects one to imprisonment also. 

Pay of Jurors. — District court jurors are paid out of the 
county funds two dollars per day, and five cents mileage for 
every mile necessarily traveled in going to and returning from 
the place of court. 

A coroner's jury are paid one dollar and fifty cents each; 
probate or justice jury, fifty cents each, out of the pubic funds. 
Juries for Probate and Justice of the Peace Courts. 

For numbers, qualifications, and selections of juries for 
Probate and Justice of the Peace Courts, see chapter on Pro- 
bate Judge, and paragraph on Justice of the Peace in chapter 
on Cities, Towns and Villages. 

BANKS. 

STATE BANKS.— A state bank may be organized by three 
or more persons with a capital of $10,000 in a town of less than 
2500 inhabitants; the amount of capital for towns of greater 
population increases up to $25,000 in cities of 10,000 or more 
inhabitants. 

To insure a safe and reliable system of banking, a Bank 
Commissioner is appointed by the Governor to enforce the 
banking laws of the Territory. The Bank Commissioner makes 
a careful examination of the financial condition of every new 
banking organization before issuing a charter. All state banks 
are examined yearly by this officer, and if any are found using 
unsafe banking methods, or violating the laws, he can order 
them to put their affairs on a safe legal basis or go out of busi- 
ness. 

Liability of Stockholders.^-Each, stockholder is addition- 
ally liable for the amount of stocl he owns in the bank. 

Reserve Fund. — The amount ol deposits to be kept on re- 



161 CIVIL GOVERNMENT IN OKLAHOMA. 

serve varies from 20 -per cent of their entire deposits in cities 
of less than 2500, to 25 : per cent in cities of more than 2500 
inhabitants, one-half of which reserve must be in actual cash. 
But the actual average reserve of the banks as reported in 
1903 vvas considerably above this per cent, being for national 
banks 30 per cent, and for Territorial banks 52 per cent. 

Limiting Amount Borrowed. — A bank can not legally bor- 
row an amount greater than 20 per cent of its actual paid up 
capital and surplus. 

Paying Overdrafts. — The bank official, or employe, of a 
bank becomes personally liable if he pays a check of a person 
or corporation having no money on deposit in said bank. 

Reports. — Banks are required to report four times a year, 
and oftener if requested, to the Bank Commissioner of the 
Territory. 

Creating a Surplus. — Each time the profits are divided 
10 per cent of the net earnings since the last dividend was de- 
clared, is added to the surplus fund until the surplus equals 50 
per cent of the capital stock. 

There were 232 state banks in 1903. 

NATIONAL BANKS. — Natonal banks may be organized 
in Oklahoma on practically the same terms as in a state. These 
banks may also take out charters as state banks. A national 
bank, besides performing all the functions of a state bank, 
issues one kind of paper money. These banks are examined 
twice a year by a United States bank inspector. 

There were 79 national banks in Oklahoma in 1903. 



In 1903 the per capita deposit for the people of Oklahoma, 
estimating the population at 600,000, was $34. 
THE MILITIA. 
All able bodied male citizens of the United States between 



THE MILITIA. 162 

the ages of eighteen and forty-five, with few exceptions, con- 
stitute the unorganized militia. This body of men is subject 
to military duty at the call of the President, to put down in- 
surrection or rebellion, or to enforce the laws. Only three times 
in cur history has the militia been called into service by the 
President. 

In the various states and territories are voluntary organiza- 
tions of the militia known as theNational Guard. In the organ- 
ization of the Oklahoma National Guard provisions are made 
for infantry, cavalry, and battery companies, and for hospital, 
engineer and signal corps. The seventeen companies numbered 
945 men on June 20th, 19C3. 

It is an advantage to the Nation as well as the states and 
territories to have these militia organizations. It is thus unnec- 
essary for the United States to maintain so large a standing 
army; for, should war break out suddenly, the national guard 
of the country could furnish 100,GG0 men, equipped, disciplined, 
and ready for active service on very short notice. And, in case 
of insurrection or riot within a state or territory, the governor 
can summons his national guard to the seat of disturbar.ee in 
a few hours. Thus very properly the national government 
defrays a large part of the expenses of these organizations, and 
the states supply the remainder. 

The national guard is equipped by the United States gov- 
ernment, and is allowed to make requisitions on the AYar De- 
partment for equipment and supplies amounting to something 
over $7,000 annually. And the Territorial legislature makes a 
small appropriation for the running expenses of each company. 
a total of $3,500 per annum. 

Each company is required to engage in rifie practice, and 
to drill at least twice each month. Promotions in office are 



163 CIVIL GOVERNMENT IN OKLAHOMA. 

made upon superior merit, shown in examinations. 

Every year the national guard go into camp for at least six 
days, when daily drill and strict army discipline give the boys 
a taste of real soldier life. The Territory has provided for 
$4,000, or what part thereof is necessary, to be spent yearly in 
defraying the expenses of these encampments. The iiyional 
government pays the remaining expenses, and als > pays the 
troops for their time. 

When serving at the call of the governor, each guardsman 
is paid at the rate of two dollars per day. 

The Governor is ex-officio commander-in-chief of the na- 
tional guard and commissions all its officers. Subject to the 
directions of the Governor, the Adjutant General has active 
command of the various departments of the militia, and charge 
of the armory, equipment, stores, etc. 

NOTARIES PUBLIC. 

When certain important papers, such as deeds, mortgages, 
etc., are to be signed, it is very necessary to take all possible 
precaution to secure a genuine signature. Such papers are 
signed in the presence of an officer, known as a Notary Public, 
who attaches a certificate stating that he is acquainted with 
the party signing, and that his signature is his free and volun- 
tary act. The notary impresses his seal upon the paper as 
a guarantee of the genuineness of his certificate. The notary 
keeps a record of all his official acts. And a copy of any of 
them may be had by paying a small fee. 

Notaries may also administer oaths, collect drafts and 
notes, and protest same for non-payment. 

A fee is charged for each official act. 

A notary usually has time to carry on some other line of 
business in connection with his notarial work, such as the law, 



ABSTRACTERS. 164 

insurance or real estate. 

The Governor appoints and commissions at least one notary 
public, and as many more as are needed, in each county, who 
hold office for four years. 

ABSTRACTS. 

It is of the highest importance to know the exact condi- 
tions of the title of the land one is about to purchase. The 
seller may not have received a good title to the land when he 
bought it, or he may have failed to pay the taxes, or he may 
have placed a mortgage on it, or allowed liens or judgments for 
debts to be entered against it. These claims against land are 
said to "cloud the title;" they are a burden on the property 
and are generally called encumbrances, for they continue as 
charges against the real estate for many years, or until they 
are paid. 

An ordinary purchaser might be able to examine the records 
at the county seat and determine whether the title is clear or 
not, but there are so many different records to be examined, 
and the records are so technical and complex, the real estate 
law is so involved, that it is better to trust the work of exam- 
ining a real estate title to one skilled in that business. One who 
is legally authorized to do this kind of work is called an 
abstracter, and his brief history of the transfers and incum- 
brances is called an abstract. 

In Oklahoma an abstracter must give a bond of $5,000. He 
has free access to the county records, but he must pledge him- 
self to take proper care in the use of the county records ; and 
while making abstracts, to avoid hirdering the county officers 
in the discharge of their duties ; and pay all damages that may 
accrue to any person by reason of any incompleteness or error 
in any abstract furnished by him. 

FEES. — The law allows him the following fees for his 



165 CIVIL GOVERNMENT IN OKLAHOMA. 

services : For the first entry or transfer, 75 cents ; for each 
subsequent entry or transfer, 25 cents; for each certificate 
relating to names, taxes, or mechanic 's liens, 15 cents ; for each 
certificate as to judgment, which may constitute a lien. 35 
cents. 

LEGAL INTEREST. 

When interest is payable on private contracts and no rate 
is mentioned, the law fixes the rate at 7 per cent per annum. 

The highest contract rate that can be collected by law is 
12 per cent per annum. A rate above 12 per cent per annum 
is usurious, and if the interest is not paid, none of it can be 
collected, and, if the interest has been paid, all above 12 per 
cent can be recovered by the debtor. 

It is an accepted custom among business men to allow 
banks to take more than the rate of 12 per cent per annum for 
short time loans. But this interest, called bank discount, is 
taken out at the time the loan is made and is not mentioned in 
the note. If the note is not paid when due, however, it can not 
draw more than 12 per cent per annum. 

Territorial and school warrants draw 6 per cent interest. 
If the warrant is not presented for payment within 30 days 
after it is called in, interest ceases to accrue on the warrant. 



r 
m 

> 

-< 
I 
> 

r 
r 

w > 

P 

P 

> 

r 


o 

r 
r 
m 

m 

> 




CHAPTER XVII. 



TAXATION. 

INTRODUCTION.— It is the duty of every citizen to do all 
in his power to maintain a strong, wise, and just government. 
We should do what we are able to bring about the enactment 
of wise laws, to defend public morals, and to encourage officers 
in the enforcement of laws and the performance of their various 
duties ; and in times of public danger we are under obligations 
as patriotic citizens to offer our physical strength, and even 
give up our lives, if need be, to protect our country from inva- 
sions, or our government from destruction ; and it is equally 
our duty to assist in defraying the running expenses of our 
government in times of peace. 

It costs money to run the government, for there are the 
officers who devote their time to the management of public 
affairs and who must be supported, and there are many public 
works to be constructed and maintained in order to promote 
the general welfare of the people. 

In time of war expenses are enormous, sometimes amount- 
ing to over $1,000,000 per day. The money necessary to meet 
all these expenses is raised by taxation. It is designed to so 
distribute the burden of taxation that it will be least felt by the 
people. 

The importance of the power of taxation is shown by the 
fact, that in the enumeration of the powers of congress in the 



169 CIVIL GOVERNMENT IN OKLAHOMA. 

Constitution of the United States this is the first mentioned. 
The government of the United States has been supported almost 
entirely by indirect taxation; over $500,000,000 a year are thus 
raised. These indirect taxes are customs or internal revenues. 
Customs are taxes levied on goods brought into this country 
and are added to the price of the goods when put on the market. 
Internal revenues are taxes placed on the manufacture and sale 
of certain commodities within our country, as tobacco, patent 
medicines and liquors. This is also added to the cost of pro- 
ducing the article for market, so that the consumer, without 
being aware of it, pays it as a part of the price of the article. 
People are less likely to complain about taxes that they pay 
in this way. 

The local governments of the United States, — state, county, 
township, and city, — are supported almost entirely by direct- 
taxation, that is, by taxes levied on property at a certain per 
cent of its value. Each man is supposed to contribute in taxes 
an amount proportionate to the amount of property he owns. 
Thus, if a man owns $10,000 worth of property he is supposed 
to pay twice as much tax as his neighbor who owns only $5,000 
worth of property. 

As Mr. J. H. Canfield expresses it, the government is simply 
the agent of the people, and an agent whose necessary expenses 
must be paid by the people. 

It is generally admitted that there are four rules that con- 
trol all wise taxation : 

1. Citizens should pay taxes in proportion to their ability 
to pay. 

2. The taxes which each must pay should be determined 
by some fixed mle^wfawsh applies to all, and should not be arbi- 
trary ; and the time of payment, the manner of payment, the 



TAXATION. 170 

amount to be paid should be perfectly clear and plain to the 
one who pays and to every one else. 

3. The taxes should become due, as nearly as possible, at 

the time and in the manner in which it will most likely be con- 
venient for the great mass of citizens to pay. 

4. The taxes should be so raised as to insure the least cost 
of collection ; it should be collected as short a time as possible 
before really needed ; and there should be very little surplus. 

The largest part of our tax is to maintain our local gov- 
ernment; for instance, the total territorial levy for 1904 was 
only 6.25 mills; the Kay county levy was 10 mills; while the 
township and town levy for Tonkawa was 22 mills; and for 
Blackwell, 29 mills. 

But as the local government really does the most for us, 
it is perfectly proper that it should raise the largest tax. 

There is a disposition on the part of some to avoid the bur- 
den of taxation, but such would do well to heed the remarks 
of Mr. J. H. Canfield, who says, "He who withholds his share 
of the tax, by any means, throws an unjust burden on his neigh- 
bors, and is guilty of a great social wrong. He robs every 
other person in the community. ' ' 

WHAT PROPERTY TO BE ASSESSED.— Generally 
speaking, all property, personal and real, including moneys, 
notes, credits, stocks and bonds, are subject to taxation. But 
the property which belongs to a body politic, as the United 
States, the Territory, a county, a township or municipality, 
and all public educational, benevolent, and religious institu- 
tions and their equipment, family portraits, food and fuel for 
the family for one year's time, are exempt from taxation, 
and also a certain number of persons, — thirty, in towns of more 
than 500 inhabitants, and fifteen in towns of fewer inhabitants, 



171 CIVIL GOVERNMENT IN OKLAHOMA. 

— are exempt from poll tax if they are members in good stand- 
ing of some regularly organized fire company. 

"All taxable property, real and personal, shall be listed 
and assessed each year in the name of the owner thereof on the 
first day of March of each year, as soon as practicable on or 
after the first Monday in March. ' ' See Assessor in chapter on 
Township. 

The valuation of bank stock, railroad, telephone, and tele- 
graph property is listed on the first day of February. 

Territorial Board of Railroad Assessors. — The governor, 
secretary, and auditor of the Territory constitute the board 
of railroad assessors. This board meets annually in the office 
of the auditor on the first Monday in March to assess the prop- 
erty of all railroads in the Territory. This board may disre- 
gard the valuation submitted by the officials of the various rail- 
roads and proceed to make their own valuation for assessments. 
To each city, township, and school district in the Territory is 
reported, through the county clerk, the valuation of the rail- 
road property therein, that it may be entered on the assess- 
ment rolls. 

On or before the first Monday in May annually the town- 
ship assessors deliver their assessment rolls to the county clerk. 

BOARDS OF EQUALIZATION. 

THE TOWNSHIP BOARD OF EQUALIZATION.— This 

board consists of the township assessor, township clerk, and the 
township treasurer. This board equalizes assessments between 
individuals in the township. 

BOARD OF EQUALIZATION FOR CITIES, TOWNS 
AND VILLAGES. — The assessor, mayor or president of the 
board of trustees, and the clerk compose the board of equal- 
zation for a city, town or village. The township and city 



TAXATION. 172 

boards of equalization "shall meet on the thirdMonday in April 
of each year to hear all complaints of persons who feel aggriev- 
ed by their assessments, and the decision of said board shall 
be final as to individual assessments." 

COUNTY BOARD OF EQUALIZATION.— The board of 
county commissioners constitute the board of county equaliza- 
tion. On the first Monday in June of each year they meet for 
the purpose of equalizing the assessments between the town- 
ships and cities of the county. 

TERRITORIAL BOARD OF EQUALIZATION.— This 
board consists of the governor, auditor, and secretary of the 
Territory. For the purpose of equalizing the rate of assessment 
between the counties of the Territory, they meet on the third 
Monday in June of each year. At this meeting this board de- 
termines the amount of territorial tax to be levied for the cur- 
rent year. 

RATE OF TAXATION AND LEVY. 

TERRITORIAL.— The Territorial levy is made by the Ter- 
ritorial board of equalization. (Law of 1903.) The general 
Territorial tax may vary from Yo mill to 3 mills on the dollar ; 
and in addition a sufficient levy is required to raise for the sup- 
port of the Territorial institutions the following amounts : For 
each, the Central and Alva Normals, $25,000 ; for each, the Uui- 
versity Preparatory School and the Agricultural and Mechan- 
ical College, $12,000; for the Territorial University, $30,000; 
for the Colored Agricultural and Normal University, $10,000; 
for the Southwest Normal, $12,500; for the School for the 
the Deaf and Dumb, $18,000. 

The law requires that any amount thus raised in excess 
of the actual needs of these institutions -slialhhei^turned to the 
Territorial treasurer and credited to the general school fund 



173 CIVIL GOVERNMENT IN OKLAHOMA. 

of the Territory. The estimated amount of the required revenue 
is raised ten per cent to cover loss by delinquent taxes. 

The rate of Territorial levy is reported to the clerk of each 
county, where it is added in with the county and local levies. 
See Appendix J. 

COUNTY LEVY.— The board of county commissioners at 
their regular meeting in July assess the amount of tax levy 
necessary to pay the running expenses of the county during the 
ensuing year. 

The county levy shall contain: A sufficient levy for pay- 
ment of salaries; for court expenses not over three mills; for 
the support of the poor and insane, not over two mills; for 
roads and bridges in general, not over six mills; for special 
bridge tax not over four mills; for county supplies, not over 
three mills; for contingent fund, not over three mills (the last 
item includes all expenses not included in any of the above) ; to 
pay bonded indebtedness, a rate sufficient to pay one year's 
interest and provide a sinking fund for the payment of the 
principal when due. 

In no case can a special tax exceed ten mills on the dollar 
of the county valuation in one year. This rate may be levied 
for constructon or repair of court house, jail, or other necessary 
buildings, and such levy cannot continue more than five years. 

POLL TAX. — Every able bodied person in the township 
between the ages of twenty-one and fifty years is required to 
pay to the road overseer of his district a poll tax of $4, or per- 
form work equivalent thereto. Members of the National Guard 
are not liable for poll tax. 

Limit of Indebtedness. — Any division of the Territory, — 
county, township, town, or city, — cannot contract debts to 
an amount in the aggregate exceeding 4 per cent of the valua- 
tion of the property. Exceptions: In municipal corporations 



TAXATION. 174 

of 1,000 or more inhabitants, a special election may authorize 
indebtedness in excess of 4 per cent of the property valuation 
"for sanitary and health purposes, construction of sewers, 
water works, and the improvement of the streets." 

CITY, TOWN OR VILLAGE LEVY.— See paragraph on 
Raising Revenue in chapter on Cities of the First Class, and 
paragraph on Board of Trustees: Powers and Duties, in chap- 
ter on Cities, Towns and Villages. 

All taxes, except a few special local taxes, are collected 
by the county treasurer, and the portion which each munici- 
pality is entitled to use for local purposes is turned over by the 
county treasurer to the treasurer of that municipality. 

TAXES: WHEN DUE.— With reference to the public rev- 
enue the year begins the first day of July and ends the last day 
of June. This is known as the fiscal year. 

The first half of the taxes for the current fiscal year are 
due the fifteenth of December^ and the second half on the 
fifteenth of the following June. 

DELINQUENT TAXES.— If the first installment of taxes 
be not paid by the third Monday in January all unpaid taxes 
become delinquent, and draw 18 per cent interest until paid. 

TAXES BECOME A LIEN ON REAL ESTATE.— All un- 
paid taxes, personal or real, become, until paid, a permanent lien 
on the real estate of the one owing such taxes. If such prop- 
erty be sold, the lien remains in force on the property. 

SALE OF PERSONAL PROPERTY FOR TAXES.— If , on 
the second Monday in March, the taxes on personal property 
remain unpaid, the treasurer orders the county sheriff to collect 
the taxes by sale of the property as in the case of an execution. 

SALE OF REAL ESTATE FOR TAXES.— If the taxes on 
real estate for the previous fiscal year are not paid by the third 



175 CIVIL GOVERNMENT IN OKLAHOMA. 

Monday in October, the treasurer advertises and sells such 
real estate for the taxes and costs. The property is sold to the 
lowest bidder. He is considered the lowest bidder who agrees 
to pay the delinquent taxes and costs and accept in return 
therefor the smallest portion of said land. A certificate of tax 
sale is given to the purchaser. 

REDEMPTION.— Land sold for taxes may be redeemed 
any time within two years by payment to the county treasurer, 
for the use of the purchaser, the sum mentioned in his tax cer- 
tificate and all other taxes subsequently paid, together with in- 
terest on all such payments at the rate of 25 per cent per annum. 

TAX DEED. — If the land is not redeemed within two years 
the purchaser may, after giving the owner sixty days notice, 
exchange his certificate for a deed which vests in him the own- 
ership in fee simple ; that is, the most complete ownership in 
land one can have. No action can be brought to invalidate this 
deed after it has been on record one year. 



CHAPTER XVIII, 



LAND SURVEYS. 

INTRODUCTION.— The system of surveys used in the 
original thirteen states is very complex. The triangle is the 
Basis of the system; and natural objects, such as trees, 
rocks, mountains, bodies of water, etc., are used extensively 
in locating corners and determining boundary lines. As a con- 
sequence, farms in these states are often very irregular pieces 
©f ground, and townships and counties have meandering boun- 
dary lines. But when the territory northwest of the Ohio, 
known as The Northwest Territory, was surveyed for settle- 
ment,, a new system, at the suggestion of Thomas Jefferson, 
was adfopted by the United States. This system consists in 
oFivLdShg the country into squares six miles each way by lines 
ui square with the world," and these squares are known as con- 
gressional townships. These townships, in turn, are divided 
into thirty-six squares, called sections, by two sets of six lines 
running at right angles to each other, each square containing 
640 acres. But this piece of land is too large for an ordinary 
individual, so these sections are divided into quarters contain- 
ing 160 acres each, — the standard size of a farm sold or do- 
nated under the Homestead Act to the private citizen by the 
government. 

The land in Oklahoma is embraced in two surveys, Beaver 
county being included in one survey and the rest of Oklahoma 



177 CIVIL GOVERNMENT IN OKLAHOMA. 

in the other. Use the large map in studying this chapter. 

THE BASE LINE.— We will describe the survey of the 
main part of Oklahoma first. To begin with an initial point was 
selected. Through this point the base line was carefully sur- 
veyed east and west. This line is one mile south of Old Fort 
Arbuckle, Indian Territory, forms the sounthern boundary of 
Kiowa county, and is 94 miles south of Guthrie. This line is 
used as a base, or starting point, for surveying lines both north 
and south, hence its name, Base line. There is but one base line 
for all surveys in Indian Territory and for all of Oklahoma 
except Beaver county. 

THE INDIAN MERIDIAN.— Then a north and south line 
was run with the greatest possible care, through the center of 
Old Fort Arbuckle. This is called the Indian Meridian. It is 
a true meridian and would reach the North Pole if sufficiently 
extended. This line passes through Cleveland, Oklahoma, and 
Logan counties, six miles from their eastern borders. This 
meridian is used in starting east and west surveys. 

RANGE LINES. — Now we come back to the Base Line and 
measure off points just six miles apart towards the west, begin- 
ning at the Initial Point, that is, where the Base Line and the 
Indian Meridian cross each other. From the point just six 
miles west of the Indian Meridian a line is run due north 24 
miles ; from the point just twelve miles west of the Indian Me- 
ridian another line is run due north 24 miles; and so on, to the 
western border of Oklahoma. Similar lines, six miles apart, 
are surveyed on the east of the Indian Meridian, also. These 
lines are called Range Lines, and the "strips six miles wide par- 
allel to the Indian Meridian are called Ranges. These Ranges 
are numbered;' Beginning with those next to the Indian Meridian 
; (T/M.): The first- one West is Range (R.) 1, W. ; the second one 



LAND SURVEYS. 178 

west is R, 2 W. ; etc. The first one east of the I. M. is R. IE.; 
the second one east is R. 2 E. ; etc. 

Counting the ranges east along the 5th Standard Parallel, 
we find that Oklahoma extends about two miles into Range 
10, making the most easterly point in Oklahoma in Pawnee 
county 56 miles east of the Indian Meridian. On the west be- 
tween the Indian Meridian and the Texas line there are 26 
ranges. But range 26 is only four miles wide, making the Texas 
line at this point 154 miles from the Indian Meridian, or from 
the most easterly pont in Pawnee county to the Texas line 210 
miles. And there is Beaver county yet to reckon with. This 
county is 167 miles long, giving us a total length for Oklahoma 
east and west of 377 miles. 

TOWNSHIP LINES.— Parallel to the Base Line are sur- 
veyed "township lines" six miles apart and dividing the 
ranges into six-mile squares, that is, congressional townships. 
The congressional township serves a double purpose : It is the 
basis for the civil township, and the basis for description in 
locating land. 

Starting at the Base line and going northward we have 
Township Number One North (T. 1, N.) ; then comes T. & N.; 
and so on, north to the Kansas line. The most northerly town- 
ship in Oklahoma is number 29. This is not a full township, 
however, being only about four miles wide, making the north 
boundary line of Oklahoma 168 miles from the Base Line. 
Counting south of the Base Line we find T. 6, S. to be the most 
southerly one; but this is a fractional township, being only 
about four miles wide, making the most southerly point in 
Oklahoma 34 miles south of the Base Line. Therefore, the total 
distance across Oklahoma north and south is 202 miles. ' 

CORRECTION LINES.— All true meridians pass through 



179 CIVIL GOVERNMENT IN OKLAHOMA. 

the North Pole. Range lines, then, though six miles apart at 
the starting point, draw nearer together as they are extended 
northward. On the north edge of the township these lines are 
something over two rods nearer together than on the south 
edge. Continuing these range lines north four townships, they 
would be about ten rods nearer together than at the Base line. 
If these were continued clear across Oklahoma, the northern 
townships would be much narrower than the southern town- 
ships. To correct this convergence of the range lines, "correc- 
tion lines" are established every twenty-four miles. These cor- 
rection lines are parallel to the Base Line and are called 
"Standard Parallels," being numbered toward the north, as 
1st Standard Parallel N., 2nd Standard Parallel N., etc. The 
7th Standard Parallel N. is about four miles from the Kansas 
line. The 1st Standard Parallel S. is within four miles of the 
most southern point in Oklahoma. 

Along these correction lines, beginning at the I. M., the dis- 
tances are carefully measured for the purpose of starting the 
surveys of the range lines northward again, exactly six miles 
apart. By reference to the map it will be noticed that there 
are jogs in the range lines at these points, the townships just 
south of the standard parallel being a little narrower than the 
townships just north of it. 

Townships. — The first United States survey gives the town- 
ships. But a township contains 23,040 acres, much more than 
the ordinary purchaser can buy. Other surveys are necessary 
to divide the township into lots convenient for settlers. These 
mark the township into 36 sections, each one mile square, con- 
taining 640 acres. These section lines are drawn in the same 
order as 'the range and township lines, that is, beginning at 
the corner of the township nearest the Initial Point, one mile 



THE EXECUTIVE DEPARTMENT. 180 

south of Old Fort Arbuckle. But owing to the convergence 
of the miridians, the sections in the northwest part of each 
township contain something less than 640 acres. The sections 
of the township are numbered as indicated in Diagram No. 1. 

T. 27 N., R. 1 W. 

1 mi. 



6 


5 


4 


3 


2 


1 


7 


8 


9 


10 


11 


12 


18 


17 


16 


15 


14 


13 


19 


20 


21 


22 


23 


24 


30 


29 


28 


27 


26 


25 


31 


32 


33 


34 


35 


36 



Fig. 1. 

The way Sections are numbered in a Township. 

By reference to the large map you will find the city of 
Blackwell is located in this township; that it is 156 miles 
north of the Base Line, and immediately west oP the Indian 
Meridian. 

Locating Land. — The location of a piece of land can be 
easily determined if its distance from two intersecting straight 
lines is known. We have just described the network of inter- 
secting straight lines established by the United States survey. 
We will now see how the exact location of any given piece of 
land may be found. 

When the section lines are run, every half-mile point is 
marked. This is as far as the United States survey extends. 
The private citizen may employ the county surveyor to estab- 
lish other line or corners, connecting the half-mile points and 
dividing the sections into quarters of 160 acres each. See 



181 



CIVIL GOVERNMENT IN OKLAHOMA. 



Diagram No. 2 for description of various divisions of a section 
of land. ...«.- 



x x : 

A 

„ „ 1/ 


X 




n.j*. / 4 






S. 


% 



The largest piece of land indicated here would be described 
as follows : S. % Sec. 1, T. 27 N, R. 1 W., I. M. ; the quarter 
section: N.E. % Sec. 1, T. 27 N., R. 1 W., I. M. ; the 40-acre 
tract, marked A : N. W. % N. W. % Sec. 1, T. 27 N., R. 1 W., I. 
M. Stars indicate points marked by U. S. survey. 

Beaver County Survey. — In the survey of Beaver county 
the Initial Point is the southwest corner, the southern boundary 
of the county being the Base Line and the western boundary, 
known as the Cimarron Meridian, is the Principal Meridian. 
Four townships north of the Base Line is the Standard Parallel. 
This is the only correction line in Beaver county. Beaver 
county is five townships and a fraction wide, '34% miles. Four 
townships, 21 miles east of the Cimarron Meridian, is the 1st 
Auxiliary Meridian East ; 24 miles farther east is the 2nd Aux- 
iliary Meridian east ; etc. There are six such meridians in 
Beaver county. 



CHAPTER XIX. 



BURNING QUESTIONS IN OKLAHOMA. 
THE SCHOOL LAND QUESTION. 

Statehood, and the disposition of school lands are the two 
great questions in Oklahoma today. Broadly speaking, we may 
say, statehood is a question that will be settled by congress, 
but the school land question must be settled by the people of 
Oklahoma themselves. What shall be done with the vast en- 
dowments of public land in Oklahoma? Shall they be sold, 
the proceeds invested and the interest derived therefrom ap- 
plied to the support of our schools ? or shall the public owner- 
ship of these lands be retained and the income from leasing 
them be used in maintaining our school system ? To sell, or not 
to sell the school lands, that is the question. A brief synopsis 
of the arguments on both sides will be given here. 

Mr. G. A. Smith, arguing for 

The Sale of School Lands, 

gives a good statement of one side of the question. Only an out- 
line of his argument can be given here : 

Our Public Lands. — Our public land endowment in Okla- 
homa at present is 2,055,896.72 acres, of which 1,203,420.98 
acres belong to the Common School Fund. Injso.me counties 
the proportional area is 1-16, or two sections (16 and 36) to 
each township. In most of the counties it is 1-9 and comprises 
sections 16, 36, 13, 33. In other counties containing indemnity 



183 CIVIL GOVERNMENT IN OKLAHOMA. 

lands the percentage is still greater. In Lincoln county almost 
1-5 of the real estate is school land. 

In the Cherokee Strip section 13 was reserved for "Uni- 
versity, agricultural college, and Normal School purposes," 
and section 33 for "public buildings." In Kiowa and Wichita 
reservations sections 13 and 33 were jointly reserved for "uni- 
versity, college, normal schools and public buildings." "In 
Greer county 13 and 33 were reserved for such purposes as the 
Legislature of the future state of Oklahoma may prescribe. 
Thus it may be seen that the most of our public lands are for 
educational purposes and are generally spoken of as school 
land." 

At present these lands belong to the United States and 
Oklahoma will acquire no title to them until congress disposes 
of same by means of an Enabling Act, or Statehood Bill. 

The present plan of leasing the school lands is unsatisfac- 
tory for the following reasons : 

1. The arbitrary school land board. — The board of school 
land commissioners, — the governor, secretary, and superintend- 
ent of public instruction, — have arbitrary legislative, executive, 
and judicial powers in handling real estate whose estimated 
value is $20,000,000, and which affects the material prosperity 
of 40,000 people residing upon school lands. Such exercise 
of arbitrary power is contrary to the principles of a republican 
form of government. The lessees have not proper recourse in 
case of unjust appraisements, — they are not properly protected 
in their rights. For financial reasons they are compelled to 
abide by the decisions of the board, however unjust they 
may be. 

2. Unusual Tenantry. — Unlike the ordinary tenant, school 
land lessees have made their own improvements, erecting build- 
ings and fences, clearing and breaking, digging wells and plant- 



THE SCHOOL LAND QUESTION. 184 

ing out orchards, etc. Seventy-five per cent of the lessees make 
their homes upon the leases. They are worthy citizens and 
have assisted in developing the country, and have done their 
share to improve the value of land in Oklahoma. 

3. The lessee settled upon and improved the school land 
with the expectation of being allowed to buy it on a long-time 
payment plan. These lands would have been much better im- 
proved were it not for the agitation against their sale. 

4. The Proposed Plan to Sell the Lands. — The lard and im- 
provements are to be appraised. The lessee is to have the 
preference right to purchase. If some one else buys the land 
he must pay the lessee the apraised value of the improvements. 
The time of payment should be from 40 to 50 years with inter- 
est at a rate equal to the income on rented land in the older 
states, that is about 4 per cent. 

5. One's actual ownership of his home tends to make him 
a better citizen. A permanent system of tenantry would at- 
tract an undesirable class of citizens. 

6. Government tenantry is worse than private. Under a 
system of government tenantry the tenant has no hope of ever 
owning the land as a home, while under a system of private ten- 
antry he may be stimulated by such hope. 

7. Under state ownership the land will depreciate in value, 
consequently the income will grow less and less. This is the 
natural result of the tenant system, for the renter seeks to get 
all he possibly can from the land at the least possible expendi- 
ture of labor and money. The land becomes exhausted and the 
improvements are allowed to run down. The present good con- 
dition of leases is due to the exertions of the lessees to make 
homes for themselves. The permanent lease system would take 
away this incentive. 

8. The management of school lands would be involved in 



185 CIVIL GOVERNMENT IN OKLAHOMA. 

politics; political debts would be paid by appointment on the 
leasing board. The chance to run up the expenses of this board 
under the protection of the law affords an excellent opportunity 
for graft. The expenses of this department during the fiscal 
year ending June 30th, 1903, were $26,000. 

9. The school lands are non-taxable. To raise the required 
revenue in a given locality, taxes on other property must be 
higher than would be required if the school lands were sold and 
became private property. 

10. School lands being non-taxable makes the burden of 
taxation unequal throughout the Territory. Much of the lease 
money is. taken from the country districts and given to the 
cities, as the money is apportioned according to the school pop- 
ulation. This inequality exists between different school dis- 
tricts, different counties, and different sections of the. future 
state to be composed of Oklahoma and Indian Territory. 

11. The proceeds derived from the sale of the school land 
w^ould not be squandered, because Oklahoma statesmen, profit- 
ing by the experiences of other states, would take the greatest 
precautions to prevent the loss of the money. The money 
should be invested in our state, county, township, and school 
district bonds and loaned to the farmers on first mortgage real 
estate security. 

12. Estimating the value of the school lands at $20,000,000, 
the taxable valuation would be about $7,000,000. Suppose 
the rate of taxaton to be 5 per cent of this value, the revenue 
derived from the taxation of the school lands would be $350,000. 
Such counties as Lincoln, Kay, Grant, and Garfield lose more 
taxes every year by the present leasing system than they derive 
as their share of the school land fund.^ Besides the taxes they 
would have their apportionment of the interest derived from 
the .sale of the lands, which it is maintained, would be more 



THE SCHOOL LAND QUESTION. 186 

than the rentals now realized. . ., 

The argument in favor of 

State Ownership of School Lands 
is very ably given by Professor Frederick S. Elder of the Uni- 
versity of Oklahoma. In this work we shall be able to give only 
the salient points of his address. 

The experiences of Ohio, Indiana, Illinois, Michigan, Wis- 
consin, Kansas and Nebraska show the wisdom of state owner- 
ship of school lands. The money derived from the sale of school 
lands in Ohio, Illinois, Missouri, and a part of that of Kansas 
and Nebraska was borrowed by the state, the interest on which 
is paid by the citizens in the form of taxes and applied to the 
support of the schools. "So far as the present and all future 
generations are concerned the burden is no lighter than it 
would have been without a grant of land. Missouri has $4,300,- 
000 invested (?) in this way." The effect in this case was 
merely temporary financial relief, and a comparatively slight 
relief to the state as a whole, but quite a boon to the individual 
purchasers of the school land. 

"Repeated losses of these funds have occurred by embez- 
zlement, bad legislation, and fraudulent or unwise investment, 
while the income has steadily suffered by the decline of inter- 
est rates from 12 per cent to 4 per cent." 

Nebraska in 1897 lost $335,878.08 by embezzlement, and 
again in 1902, $60,000 by the same process. The failing of 
depository banks in the summer of 1891 caused the loss of 
several hundred thousand dollars of the school fund of Texas. 
Kansas lost a hundred thousand dollars of her school fund at 
a single clip in the early '80 's by a bad piece of legislation. 

A safe and permanent investment even at as low a rate as 
4 per cent is far from being possible. Since 1886 Nebraska's 
uninvested cash balance has never been less than $244,000^ 



187 CIVIL GOVERNMENT IN OKLAHOMA. 

and since 1890 it has not been less than $487,000. At times it 
was over half a million dollars! - 

The lands can not he embezzled, neither will they lie idle. 

If the lands were sold the $20,000,000 would need to be 
wisely invested, but "a loan fund whose purpose of existence 
is to produce a sure and adequate revenue could not be suc- 
cessfully managed by a legislature." 

''With the growth of wealth and population, interest 
rates tend steadily down and land values and rentals tend 
steadily up." 

The secretary of the school land board said in 1901 that 
the income from the school lands could be doubled without 
injustice to the lessees. For the fiscal year ending June 30, 
1904, the income was $366,643.29. 

In reply to point 1 in the previous argument, Professor 
Elder gives the following facts: The percentage of tenant 
farms from 1880 to 1890 increased in every agricultural state 
except Kentucky, Missouri and Virginia. The increase was 
greatest in Kansas, where it was from 16.35 per cent to 28.23 
per cent. For the entire United States the increase was from 
25.56 to 28.37 per cent. This is the result of the working of 
economic principles. " And yet the plan I propose would place 
in the state tenant system but 8 per cent of the land of Okla- 
homa." - - ■ 

In reply to point 5 in the previous argument, that patriot- 
ism depends to a great extent upon home ownership, Professor 
Elder asks some pertinent questions. In case it were necessary 
to raise an army, would a recruiting office be opened first on 
Fifth avenue, New York, with the expectation of immediately 
enlisting as volunteers . the 3.71- per cent- of New York who 
owned their homes free of mortgage (and probably owned the 
homes and mortgages of the other 96.29 per cent) headed by 



THE SCHOOL LAND QUESTION. 188 

the Astors, Goulds, Vanderbilts, who have homes worth a 
million each? The answer is self-evident. 

In all the states the per cent of those not owning the homes 
they occupy range from 20 to 70 per cent. Will it be main- 
tained that their degree of patriotism and good citizenship 
ranges in the same raio? 

State ownership of land is, just to the degree that it ex- 
tends, a safeguard against private landlordism which tends 
to develop more and more as a country grows older. 

To remedy the unequal burden of taxation resultant upon 
the present system of leasing we would "secure a constitutional 
provision and have a certain fair proportion of the proceeds 
from each school section returned for local purposes to the 
township or school district in which that section lies." "Here 
is a point on which the cities must play fair with the country, ' ' 
and the districts containing indemnity school lands must be 
treated fairly. This policy would insure a local interest in the 
proper care and management of school lands. 

The fact that many lessees pay less in rent than their neigh- 
bors pay in taxes is not an argument for the sale of the school 
lands, but rather shows there should be a change in the man- 
agement of school land affairs. Private lands do not only pay 
taxes but an interest on the money value of the farm besides. 
The school lands are as profitable as the private lands ad- 
joining. 

The advocates of sale claim that the land could be sold 
for $15,000,000, and this amount invested at 5 or 6 per cent 
would bring in from $900,000 to $1,000,000 yearly, or three 
times the present rental. 

1st. This amount would not be received, for, because of 
the organization and activity of the lessees, and the indiffer- 
ence of the rest of the people, serious competition would not 



189 CIVIL GOVERNMENT IN OKLAHOMA. 

enter into the plan of sale. 

2nd. Whatever fund is- received would never increase in 
value, while the lands would advance in value. 

3rd. Such a large fund could not be loaned on gooa se- 
curity at such a high rate. 

4th. First class investments, like United States bonds, 
are apt to be at a premium and draw a very low rate of interest, 
perhaps no more than 2 per cent. 

5th. The funds would likely be used by the state for other 
than school purposes, and then the interest on this loan (?) 
would have to be raised by taxation. 

6th. Loss is pretty sure to result from the management of 
such a large sum of money. 

7th. Investment in land is the most secure. Bonds are 
liable to become worthless. The objections to sale on the 30 
year payment plan are : Payments received from time to 
time would have to be invested at lower and lower rates of 
interest. For thirty years we would receive less than the rental 
on the land and at the end of that period we would have a fund 
less than the value of the land. 

A long lease policy, say a period of twenty-five years, 
would give the tenant such a sense of security that he would 
make improvements and keep up the fertility of the land, 
etc., as though it were his own. There would be contentment 
and stability. "Orchards will be planted, wells dug, homes 
and barns and fences built. ' ' 

The chance to take part in handling large sums of money 
is always a great temptation to political corruption. 

"In case later years prove that the leasing policy- is really 
a mistake it will be possible then to sell the lands." 



I 



STATEHOOD. 190 

STATEHOOD. 

It is safe to assume that Indian and Oklahoma Territories 
must come in as a single state in 19G6 : That is the sentiment 
of the United States as a whole, and that is the attitude of Con- 
gress and the present administration. It may be -worth while, 
then, first, to call attention briefly to the work necessary to 
prepare Indian Territory for that union ; second, to con- 
sider some of the advantages of such union ; and third, to give 
a brief outline of the pending Statehood Bill, which will prob- 
ably pass in a modified form. 

PREPARING INDIAN TERRITORY FOR STATEHOOD— 
THE DAV/ES COMMISSION. 

General View of Commission's Work. — The work has con- 
sisted of two parts ; and, broadly speaking, each part has con- 
sumed half of the time of the Commission's existence. 

For the first five years — namely, from 1893, the year the 
Commission was created, until 1898, when the Curtis Act was 
passed — this body was clothed with only negotiating power, 
except a limited function under the act of June 10, 1896, relat- 
ing to determination of citizenship rights. 

The object of Congress from the beginning has been the 
dissolution of the tribal governments, the extinguishment 
of the communal or tribal title to the land, the vesting of pos- 
session and title in severalty among citizens of the tribes, 
and the assimilation of the peoples and institutions of this ter- 
ritory to our prevailing American standard. 

It was evident at the end of the first five years that the 
accomplishment of the foregoing object by negotiation alone 
was practically impossible. The Indians (so called, for most 



191 CIVIL GOVERNMENT IN OKLAHOMA. 

of them by a century and a quarter of intermarriage have 
far more Saxon than Indian blood) would never surrender by 
consent what they did not want to give up at all. The Com- 
mission, as then constituted, was able to bring to the discussion 
neither inducements nor force. Some of the tribal members 
held passionately to their institutions from custom and patriot- 
ism, and others held with equal tenacity because of the advan- 
tages and privileges they enjoyed. It was almost worth a 
man's life at that time to advocate a change. 

Under these conditions Congress was in 1898 fairly con- 
fronted with the alternative of either abandoning its policy 
and abolishing the Commission, or else of converting the Com- 
mission from merely a negotiating body into an executive and 
semi-judicial body, and of proceeding with the work under 
the constitutional power of Congress, and largely, at least, 
regardless of the will of the tribes. 

A strenuous effort was made to prevent the adoption of 
the latter course. But in what may be deemed a fortunate 
hour it was decided not to act without giving a chance to the 
special representatives of the government to be heard, both 
in their own defense and with respect to what course should 
be adopted. This led to such a revelation of slander, corrup- 
tion, and oppression that Congress immediately passed the 
Curtis Act, and it has been followed by prompt appropriations 
for its execution, amounting to nearly $1,000,000. 

That act undertook, not to let anybody and everybody 
come forward and take public land, but to administer upon five 
great estates, aggregating 20,000,000 acres. It ordered these 
estates to be partitioned among the individual heirs upon the 
principle of equal value; and it could hardly have done less, 
and at our expense, under the stipulations of treaties. 

Nor was it a disposition of wild lands, or of lands of uni- 



STATEHOOD. 192 

form value. It related to vast tracts, covered by the homes and 
other improvements of a great population, threaded in every 
direction with railroads, filled with villages and large towns 
of the most modern character, and without a wigwam or a 
blanket Indian within the limits of the Territory. 

It was a vast and difficult undertaking : First, to determine 
who were the bona fide citizens or heirs entitled to inherit 
these properties ; and second, to take an inventory of the prop- 
erties to be divided. 

When these two tasks had been performed as to any tribe 
then only was it possible to begin the intelligent and equitable 
division of its estate. 

In determining the heirs, the Commission has heard and 
passed upon the individual application of more than 200,000 
claimants; and of this number some 128,000 have been so dis- 
posed of since the passage of the Curtis Act. All of these cases 
had to be made matters of record, many of them involving hun- 
dreds and some of them thousands of pages of evidence and 
pleading ; and of the total number more than half have been re- 
jected as not entitled to share in the properties of the tribes. 

In valuing the properties for distribution, every 40 acres 
has had to be located, classed and platted, making some 
500,000 separate items of property to be so treated; and it 
has been necessary to locate by careful surveys the homes and 
improvements of the people upon many millions of acres in or- 
der to get their correct land numbers and thus enable them to 
secure the land they wish and retain possession of their homes 
as required by law. They had settled and lived for nearly three- 
quarters of a century with no regard for survey lines, and with 
no records such as we have in the States and the other terri- 
tories. 

All this had to be done, and all this and much more has 



193 CIVIL GOVERNMENT IN OKLAHOMA. 

been done since the 28th of June, 1898. At times the Commis- 
sion has had in its employ as many as 500 clerks, surveyors, 
surveyors' assistants, land appraisers, teamsters, and laborers 
engaged in the work outlined and in the platting, roll making, 
and other work incident to such an undertaking. 

The work of determining the rightful citizens and getting 
the properties into necessary shape for distribution, — by far 
the greater part of the work to be done, — has been practically 
finished and a very large part of the final distribution has been 
made, all at a cost, including even the expense of the first five 
years of fruitless negotiation, of about 5 cents per acre. 

The same interests are opposed to the completion of this 
business that were opposed to its being commenced, and as 
the end draws near they pursue with redoubled energy the 
same tactics of obstruction, fault finding, exaggeration, slander, 
and all manner of false statements, in order to confuse the sit- 
uation, muddy the waters, and embarrass, hinder, and prevent 
the conclusion of the work. The entire work of making allot- 
ments in the Territory will probably be disposed of by June 
30, 1905. 

THE ADVANTAGES OF SINGLE STATEHOOD. 

The advantages of single statehood may be briefly sum- 
marized somewhat as follows : 

1. The combined area of Indian and Oklahoma Territories 
is necessary to give us anything like the average size of the 
western states. 

2. The natural resources of the two territories comple- 
ment each other. Oklahoma is agricultural, while Indian 
Territory is richly endowed .with mineral wealth. 

3. The expenses of state government will be less. 

4. The boundary line will be more symmetrical. 



STATEHOOD. 194 

5. The fraternal and religious organizations of the two 
territories are already closely united. Single statehood would 
profit by this condition and tend to make the bond of union 
still stronger. 

6. Business organizations of the two territories are bound 
together by mutual interests. 

7. Single statehood insures a state which will quickly 
take high rank in the Nation. 

THE HAMILTON STATEHOOD BILL— A BRIEF OUTLINE. 

Sec. 1. The Hamilton Statehood Bill provides for the 
admission of Indian Territory and Oklahoma as a single state 
under the name of Oklahoma. The authority of the United 
States over the Inidans is not changed by this bill. 

Sec. 2. All male persons over twenty-one years of age, citi- 
zens of the United States and residents of the Territory six 
months preceding the election, can vote in the choice of dele- 
gates to the constitutonal convention and are eligible to serve 
as delegates. 

The constitutional convention shall be composed of 110 
delegates, 60 from Oklahoma and 50 from Indian Territory. 
The governor, the chief justice, and the secretary of the ter- 
ritory of Oklahoma shall divide the teritory (including the 
Osage Indian Reservation) into delegate districts with as 
nearly equal population as possible, and one delegate shall be 
elected from each district. In the Indian Territory the delegate 
districts are determined by the judges of the United States 
Court. By the governor in Oklahoma and by the senior judge 
in the Indian Territory, proclamation is issued ordering the 
election of delegates within six months after the approval of 
the Statehood Bill. The judges of the United States courts 
in the Indian Territory are to define the election precincts, 



195 CIVIL GOVERNMENT IN OKLAHOMA.. 

appoint election -judges, and make the final canvass of the 
votes. The election in Oklahoma is to be conducted in the same 
manner as the general election, provided for by the present 
statutes. 

The capital is to remain at Guthrie until 1910, aftei 
which date the capital may be permanently fixed by the major- 
ity vote of the state. The constitutional convention is to as- 
semble at Guthrie on the fifth Tuesday after the delegates are 
elected. 

Sec. 3. (1) The state government must be republican :"n 
form; (2) There must be perfect religious toleration, but 
polygamy is prohibited; (3) Unappropriated public lands and 
Indian lands remain under the control of the United States; 
(4) The property of residents and non-residents must be taxed 
equally; (5) United States property is exempt from taxation; 

(6) The territorial debts must be assumed by the new state: 

(7) Free public schools must be conducted in English and 
opened to all children of the state; (8) The right of suffrage 
can not be restricted save by uniform restrictions on account 
of illiteracy, minority, sex, conviction of felony, mental con- 
dition or residence. 

Sec. 4. The constitutional convention is to provide for the 
new constitution being submitted to the vote of the people. 
The canvassing board of such vote is to consist of the secretary 
and chief justice of the Territory of Okahoma and the 
chief justice of Indian Territory. The returns of such vote 
if favorable to the proposed constitution, shall be certified 
by the governor of Oklahoma and the chief justice of Indian 
Territory to the President of the United States. If the previous 
provisions of this Act shall have been complied with, the 
President, within twenty days from the receipt of such certifi- 
cate, shall "issue his proclamation announcing the result of 



STATEHOOD. 196 

said election ; and thereupon the proposed State -of Oklahoma 
shall be deemed admitted by Congress into the Union, under 
and by virtue of this Act, on equal footing with the original 
States from and after the fourth day of March, 1906." 

Sec. 5. The sum of $75,000 is appropriated for defraying 
the expenses of said election and convention. 

Sec. 6. The State of Oklahoma shall be entitled to five 
national representatives to be elected from the districts as 
shown in accompanying map. The national representatives 
and all state officers provided for in the new constitution 
"shall be elected on the same day of the election for ratifica- 
tion or rejection of the constitution," and until such officers 
qualify the territorial officers shall continue to discharge the 
duties of their respective offices. 

Sec. 7. Sections 16 and 36 in the territory of Oklahoma 
are reserved for the support of the common schools. $5,000,000 
is appropriated out of the national treasury for the common 
schools "in lieu of sections 16 and 36, and other lands of the 
Indian Territory." This amount is to be invested as a perma- 
nent school fund, the interest only being available for schooJ 
purposes. 

Sec. 8. The income from secton 13 is granted 1-3 to the 
University, 1-3 to the Agricultural College, and the remaining 
1-3 to the three Normals. Section 33 "shall be apportioned 
and disposed of as the legislature of said state may prescribe." 

Sec. 9. Sections 16 and 36 may be appraised and sold 
according to rules laid down by the legislature of the state, 
"preference right to purchase being given to the lessee at the 
time of such sale, the proceeds to constitute a permanent 
school fund the interest of which only shall be expended for 
the support of such schools. But such lands may, under such 
regulations as the legislature may prescribe be leased for pe- 



a 

a 

f 



S V S A/ V >l 




STATEHOOD. 198 

riods not exceeding five years." 

Sec. 10. Sections 13 and 33 may be sold under the same 
provisions as prescribed above for the sale of sections 16 and 36, 
excepting that if the lease holder does not become the pur- 
chaser he is to receive a fair compensation for his improve- 
ments. 

Sec. 11. Five per cent of the proceeds from the sale of pub- 
lic lands within the state shall become a part of the permanent 
common school fund of the state. 

Sec. 12. 200,000 acres of land is granted to the University ; 
150,000 acres to the University Preparatory School; 250,000 
to the Agricultural and Mechanical College ; 100,000 acres 
to the Colored Agricultural and Normal University; 350,000 
acres to the three Normal Schools. 

Sec. 13. Certain restrictions upon the sale of land by the 
Indians are removed. 

Sec. 14. There shall be two judicial districts, Indian Ter- 
ritory constituting the east district and Oklahoma the west 
district. For the time being the circuit and district courts in 
the eastern district shall be held at Muscogee, and in the 
western district at Guthrie. 

These districts shall be attached to the Eighth United 
States Judicial Circuit. 

In each district one judge, one United States attorney, 
and one United States marshal shall be appointed. There 
shall be two regular terms of court, beginning the first Monday 
in January and the first Monday in June of each year. 

The remainder of the bill applying to the new state of 
Oklahoma provides for the establishment here of the United 
States judicial system as it exists in other states. 



CHAPTER XX. 



APPENDIX. 



First Class Cities— (School Census 1903). 



Alva 2,771 

Anadarko 3,540 

Blackwell 3,440 

Chandler 3,320 

Edmond 2,645 

El Reno 9,400 

Enid 9,000 

Guthrie 20,277 

Geary 4,944 

Hobart 4,520 



Lawton 7,320 

Newkirk 3,430 

Norman 3,015 

Oklahoma City 24,267 

Perry 3,618 

Pond Creek 2,625 

Ponca 6,585 

Stillwater 3,284 

Shawnee 10,522 

Tecumseh 2,586 



Kingfisher 3,200 Weatherford 3,250 

B 

Tax Levy For City of Blackwell. 

Street and bridge fund 2 Mills 

Fire and water fund 5 " 

Contingent and supply fund 1 " 

Street lighting fund 5 " 

Salary fund 1 " 

Park fund 2 " 

Sinking fund 5 " 

Judgment fund 2 " 

Principal and interest on script fund 2 " 

Principal and interest on bonds fund 5 " 

c 

Population of Counties (Enumeration of 1902). 

County County Seat Population 

Beaver .Beaver 3,169 

Blaine Watonga 15,189 

Caddo Anadarko 25,639 

Canadian El Reno 15,200 



CABLES. 200 

Cleveland Norman 17,253 

Comanche Lawton 25,509 

Custer Arapahoe 16,127 

Day Grand 4,966 

Dewey Taloga 11,358. 

Garfield Enid 23,732 

Grant rond Creek 19,096 

Greer '. Mangum 29,771 

Kay Newkirk 22,766 

Kingfisher Kingfisher 19,594 

Kiowa Robart 22,685 

Lincoln Chandler 28,904 

Logan Guthrie 27,519 

Noble Perry .". 12,028 

Oklahoma Oklahoma City 32,761 

Pawnee Pawnee 13,327 

Payne Stillwater 22,084 

Pottawatomie Tecumseh 39,054 

Roger Mills Cheyenne 10,407 

Washita Cordell 19,880 

Woods Alva 46,30.°. 

Woodward Woodward 17,163 



Total 541,483 

Indian Population. 

Pawnees 638 

Osages 1,850 

Kaws 220 

Poncas 610 

Otoes 370 

Tonkawas 50 

Sac and Fox 492 

Iowas 92 

Pottawatomies 1,686 

Shawnees ,687 

Kickapoos 247 

Cheyennes and Arapahoes 1,300 

Apaches 158 

Kiowas 1,170 

Comanches 1,401 

Wichitas 433 

Caddos 534 



Total Ili938 

Population of Oklahoma, including Indians 553,421 

D 

Levy for Kay County. 

Notice of the estimate of the necessary expense for the fiscal 



201 CIVIL GOVERNMENT IN OKLAHOMA. 

year ending June 30th, 1905, made by the board of county commis- 
sioners of Kay county on July 7th, 1904, with the amount of revenue 
necessary to be raised for each fund and the rate levy necessary 
to raise such estimated revenue with 25 per cent added thereto as 
allowance for delinquent taxes on an assessed valuation of 4,200,000 
dollars. 

Salary fund 3 mills will raise $12,600 



Court fund 2 

Road and bridge fund 5 

Supply fund 1 

Poor and insane fund 1 

Contingent fund 1 

County school fund 1 

Separate school fund 1 

Sinking fund y 2 

Jail fund , 2 



8,400 
21,000 
4,200 
4,200 
4,200 
4,200 
4,200 
2,100 
8,400 



Totals liy 2 " 73,500 

The board will meet at the office of the county clerk in Newkirk, 
O. T., on the 3rd Friday of July, 1904, for the purpose of making 
levies for the fiscal year ending June 30th, 1905. 

The board further finds, from the returns of the assessors, the 
population to be 22,781, and we adopt such finding as a basis for the 
purpose of fixing the amount of salary to be paid to the county 
Treasurer, County Clerk, Probate Judge, Sheriff, Register of Deeds, 
County Attorney, County Superintendent and County Commissioners, 
for the ensuing two years. 

E 

Weights and Measures. 

Lbs. in Bu. Lbs. in Bu. 

Barley 48 Oats 32 

Beans 60 Onions 52 

Buckwheat 42 Potatoes, Irish . ... 60 

Beets 60 Potatoes, sweet 46 

Broom corn seed 30 Peas 60 

Corn, shelled 56 Rye 56 

Corn in the ear 70 Salt 80 

Clover seed 60 Turnips 70 

Coal 80 Timothy seed 42 

Flax seed 56 Wheat 60 

Lime 80 

F 

List of Territorial Officers. 

Governor Thompson B. Ferguson 

Secretary William Grimes 

United States Attorney Horace Speed 

United States Marshal William D. Fossett 



TABLES. 202 

Attorney General P. C. Simmons 

Treasurer C. W. Rambo 

Superintendent and ex-officio Auditor L. W. Baxter 

Secretary of School Land Board ..Fred L. Wenner 

Oil Inspector P. A. Ashton 

Bank Commissioner Paul F. Cooper 

Librarian J. W. Foose 

Adjutant General E. P. Burlingame 

Grain Inspector CM. Jackman 

Game Warden J. C Clark 

Superintendent of Public Health E. E. Cowdrick 

Geologist A. H. Van Vleet 

Secretary of Live Stock Sanitary Commission. Thomas Morris 
Territorial Delegate in the .tiouse of Repre- 
sentatives Bird S. McGuire 



Supreme and District Judges. 

As the Supreme Court, the following Judges sit in a body. 
The District Courts are held by the Supreme Judges sitting sep- 
arately, as follows: 
Districts Counties Judges 

First District Logan, Lincoln, Payne John H. Burford 

Second District. ..Canadian, Kingfisher, Cleve- 
land, Washita, Custer Clinton Irwin 

Third District. .. .Oklahoma, Pottawatomie. . .B. F. Burwell 
Fourth District. ..Noble, Kay, Pawnee, Osage 

Nation Bayard T. Hainer 

Fifth District Garfield. Grant, Blaine James K. Beauchamp 

Sixth District. .. .Woods, Woodward, Beaver, 

Day, Dewey j. l. Pancoast 

Seventh District. .Caddo, Comanche, Kiowa, 

Greer Frank EL Gillette 

H and I 

NATIONAL OFFICERS AND SALARIES. 

President's Cabinet. 

Offices Officers Salaries 

President .'. .Theodore Roosevelt $50,000 

Vice President Vacant 8,000 

Secretary of State John Hay 8,000 

Secretary of War William Taft 8,000 

Secretary of the Treasury Leslie M. Shaw 8,000 

Attorney General Wm. H. Moody... 8,000 

Postmaster General Henry C. Payne 8,000 

Secretary of Navy Paul Morton 8,000 

Secretary of Interior Ethan Allen Hitchcock 8,000 

Secretary of Agriculture James Wilson 8,000 

Secretary of Commerce and Labor. Victor H. Metcalf 8,000 



203 CIVIL GOVERNMENT IN OKLAHOMA. 

Justices of the Supreme Court of the United States. 

Circuit Justice State Appointed Salary 

First . . . Oliver Wendell Holmes Massachusetts 1902 $12, 500 

Second..Rufus W. Peckham New York 1895 12,500 

Third. ..William R. Day Ohio 1903 12,500 

Fourth . Ch. Jus. Kelville W. Fuller . Illinois 1888 13,000 

Fifth . . . Edward D. White Louisiana 1894 12,500 

Sixth . . .John M. Harlan Kentucky 1877 12,500 

Seventh Henry B. Brown M-chigan 1890 12,500 

Eighth. David J. Brewer Kansas 1889 12,500 

Ninth.. . Joseph McKenna California 1898 12,500 

Senate. 

President pro tempore, William P. Frye, of Maine Salary $8,000 

Number of Senators, 90 Salary 5,000 

House of Representatives. 

Speaker, Joseph G. Cannon, of Illinois Salary $8,000 

Salary of members , 5,000 

In the 58th (the present) Congress there are 386 members in 
the House of Representatives. There are delegates from four terri- 
tories: Arizona, New Mexico, Oklahoma and Hawaii, and a resi- 
dent commissioner from Porto Rico. 

Members of Congress are allowed mileage at 20 cents per mile 
going to and returning from the capital. 

Army. 
Lieutenant General and Chief of Staff, Adna R. Chaffee, Salary $11,000 

Navy. 

Admiral, George Dewey, (retired) Salary $13,500 

Salaries of Other United States Officers. 

Major General $7,500 

Brigadier General 5,500 

Colonel, $3,500 ; increasing with years to 4,500 

Rear Admirals, first nine, $7,500; second nine 5,500 

Captains 3,500 

Ambassadors to Great Britain, France, Germany, Russia, and 

Mexico 17,500 

J 

The territorial levies for taxes of 1904, showing the apportion- 
ment in mills as follows: 

Mills 

General territorial tax 3 

The University at Norman 4 

University equipment fund 34 

University Preparatory School at Tonkawa 175 

The Normal School at Bdmond 34 

Edmond Normal Building fund 275 



TABLES. 204 

Normal School at Alva 34 

Liquidation of indebtedness on Alva Normal Building 25 

The Southwestern Normal at Weatherford 18 

Support of the Agricultural and Mechanical College at Stillwater. .175 

The Colored Agricultural and Normal University at Langston 15 

School for the Deaf and Dumb 125 

Total levy, 1904 5.75 

K 

Secretary Morris Shows Number of Live Stock Inspected and Num. 
ber Rejected. — Secretary Morris of the live stock sanitary board re- 
ports to Governor Ferguson that up to June 30, 1904, the end of the 
quarter, that statements or reports had been received from 83 
inspectors which show a total number of cattle inspected, which were 
killed for beef, 7,837; last quarter it was 7,425. It shows the total 
number of hogs for killing, inspected during the quarter to be 
9,173; and 7,652 last quarter. It shows 39 sheep and 21 goats in- 
spected; and eight head of cattle and 12 hogs were rejected during 
the quarter as being unfit for food. 



ONE COPY RECEIVED 
OCT 27 1904 t 



